Hill v Lette

[2010] QDC 136

DISTRICT COURT OF QUEENSLAND

CITATION:

Hill v Lette  [2010] QDC 136

PARTIES:

WAYNE JOHN HILL

(Appellant)

V

CHRISTOPHER MICHAEL LETTE

(Respondent)

FILE NO/S:

D58/2009

DIVISION:

Appellate

PROCEEDING:

Appeal

ORIGINATING COURT:

District Court, Gladstone

DELIVERED ON:

26 March 2010 (ex tempore)

DELIVERED AT:

Gladstone

HEARING DATE:

22 March 2010

JUDGE:

Irwin DCJ

ORDER:

1.   Appeal against conviction dismissed

2.   (a) Appeal against sentence allowed

    (b) Sentence imposed at first instance varied to the  extent of ordering the appellant is fined $200

VEHICLES AND TRAFFIC – offences – speeding – radar speed detection device – admissibility of certificates to prove offence

CRIMINAL LAW – appeal against sentence – where appellant convicted of speeding – where the particulars were that the appellant was travelling at the speed of 142 kilometres per hour in a 100 kilometre per hour zone – where the court was satisfied beyond reasonable doubt the appellant was speeding – where the court was unable to conclude the appellant was travelling at any particular speed – whether the sentence imposed by the magistrate was manifestly excessive

Police Service Administration Act 1996 (Qld), s 4.10

Transport Operations (Road Use Management) Act 1995 (Qld), s 124

Transport Operations (Road Use Management - Driver Licensing) Regulation 1995 (Qld), s 30A

Transport Operations (Road Use Management - Road Rules) Regulation 1995 (Qld), s 20

Bevacqua v Wykes [2009] QDC 137, applied

House v The King (1936) 55CLR 499, applied

Lekich v Dixon [2009] QDC 111, applied

Parry v Mayfield Holdings (Qld) Pty Ltd [2006] QDC 250, applied

COUNSEL:

R. J. Byrnes for the appellant

S. M. Gordon for the respondent

SOLICITORS:

Michael Café & Associates for the appellant

Director of Public Prosecutions (Qld) for the respondent

HIS HONOUR: This is an appeal pursuant to section 222 of the Justices Act 1886 (Qld) from the appellant's conviction in the Bundaberg Magistrates Court on 13 August 2009, following a summary trial on one count of driving a motor vehicle on a road over the speed limit applying to the road contrary to section 20 of the Transport Operations (Road Use Management - Road Rules) Regulation 1995.

The prosecution case was that on 23 November 2008, the appellant was the driver of a motor vehicle detected travelling on Tablelands Road, Miriam Vale at 142 kilometres per hour in a 100 kilometre per hour zone, by a mobile radar speed detection device, which was fitted to a police vehicle.

The prosecution relied on the evidence of the respondent, Sergeant Lette, his partner on that day, Senior Constable Tomlins and three certificates which were tendered on the basis that they had evidentiary force under section 124 of the Transport Operations (Road Use Management) Act 1995 (the Act).

The relevance of the certificates to the proof of the prosecution case is apparent when reference is made to the evidence of the two police officers.  The respondent recorded the speed, relied upon by the prosecution, on a radar speed detection device which was fitted to the…