DISTRICT COURT OF QUEENSLAND
CITATION:
Harris v Griffin [2017] QDC 164
PARTIES:
MITCHELL CHARLES HARRIS
(APPELLANT)
v
BARRY JOSEPH GRIFFIN
(RESPONDENT)
FILE NO/S:
4949 of 2016
DIVISION:
Appellate
PROCEEDING:
Appeal
ORIGINATING COURT:
Magistrates Court at Caboolture
DELIVERED ON:
26 June 2017
DELIVERED AT:
District Court at Brisbane
HEARING DATE:
26 May 2017
JUDGE:
Dick SC DCJ
ORDER:
1. The appeal is allowed.
2. The conviction is quashed.
3. A verdict of acquittal is entered.
4. The respondent is to pay costs of appellant agreed between the parties or fixed in accordance with schedule 2 of the Justices Act 1886 (Qld).
CATCHWORDS:
CRIMINAL LAW – APPEAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL ALLOWED – s 222 of the Justices Act 1886 (Qld) – where the appellant was convicted for driving without due care and attention – whether the Learned Magistrate gave sufficient weight to evidence of witnesses – whether the Learned Magistrate failed to give adequate reasons for decision
Justices Act 1886 (Qld)
Transport Operations (Road Use Management) Act 1995 (Qld)
Bawden v ACI Operations Pty Ltd [2003] QCA 293
Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430
Camden v McKenzie [2008] 1 Qd R 39
Cypressvale Pty Ltd v Retail Shop Leases Tribunal [1996] 2 Qd R 462
Johannsen v Zeller Ex-Parte Zeller [1958] Qd R 366
Oil Basins Ltd v BHP Billiton Ltd (2007) 18 VR 346
Rowe v Kemper [2009] 1 Qd R 247
COUNSEL:
A Edwards for the applicant
J Dudley for the respondent
SOLICITORS:
McGinness & Associates for the applicant
Office of the Director of Public Prosecutions for the respondent
This is an appeal under the Justices Act 1886 (Qld) against a conviction for driving without due care and attention pursuant to s 83 of the Transport Operations (Road Use Management) Act 1995 (Qld) (“TORUM”). The appellant was convicted and fined $750. No action was taken with respect to his driver’s license.
The appeal grounds are as follows:
1.The learned magistrate failed to have sufficient regard to the witnesses Ms M S Spicer and Mr Creighton.
2.The learned magistrate failed to give adequate reasons for not accepting the evidence of Mr Creighton, whose evidence contradicted that of all other witnesses.
3.The verdict was unreasonable and cannot be supported having regard to the evidence. Leave is sought to add Ground 3 in the appeal and the granting of leave is not challenged.
Background
The incident giving rise to the charge involved a two-vehicle collision. The collision occurred on 2 July 2015 at about 7.45 am on Bribie Island Road which has one lane in each direction separated by a broken white line. The speed limit was 100 kilometres per hour. The appellant was travelling west in a Mazda utility and the second vehicle, a Pajero station wagon driven by Dane Manton, was…
Continue reading Harris v Griffin
Sign in free to access the full text
- AGLC
- Harris v Griffin [2017] QDC 164
- Case
- [2017] QDC 164
- Decision Date
CaseChat Overview and Summary
The Court of Appeal considered whether the magistrate adequately assessed the witness testimonies and provided sufficient reasoning for the conviction. The court noted that the magistrate’s reasons were brief and did not adequately explain how the evidence led to the conclusion that the appellant was guilty. The court held that the magistrate failed to provide a detailed analysis of the evidence and the weight given to each piece of testimony. The Court also found that the magistrate did not sufficiently consider the appellant's evidence, which was crucial in determining the reasonableness of the conviction.
Given these findings, the Court of Appeal concluded that the conviction was unreasonable and not supported by the evidence. The appeal was allowed under section 222 of the Justices Act 1886 (Qld). The conviction was quashed, and a verdict of acquittal was entered in favour of the appellant. The respondent was ordered to pay the appellant’s costs, as agreed between the parties or fixed in accordance with the schedule of the Justices Act 1886 (Qld).
Orders
Orders of the court
1. The appeal is allowed.
2. The conviction is quashed.
3. A verdict of acquittal is entered.
4. The respondent is to pay costs of appellant agreed between the parties or fixed in accordance with schedule 2 of the Justices Act 1886 (Qld).
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.