Grunwald v Bone

[2010] QDC 365

[2010] QDC 365

DISTRICT COURT
APPELLATE JURISDICTION
JUDGE DEVEREAUX SC

MARK GEORGE GRUNWALD	Applicant
and
MERVYN KENNETH BONE	Respondent

BRISBANE and ordered to pay costs of $71.15.

..DATE 27/09/2010
ORDER
HIS HONOUR: Mr Grunwald, the applicant, was convicted on
5 November 2008 in the Richlands Magistrates Court of
disobeying the speed limit on 25 April 2008 pursuant to
section 20 of the Transport Operations (Road Use Management -

Several grounds of appeal have until now been argued. The respondent today concedes that in light of the Court of Appeal's decision in Dixon v LeKich [2010] QCA 213, the appeal should be allowed because there was not evidence of the delegation of the Commissioner of Police to the officer who issued the relevant certificate. There being that gap in the evidence, the prosecution case must fail, and that is the concession made, and in the circumstances the appeal is to be allowed.

The orders will be:

1. The appeal is allowed.

2.  The conviction entered in the Magistrates Court at Richlands on 8 December 2008 is set aside.

3. There is no order as to costs of the appeal.

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2   ORDER