Hughes v Police

In Hughes v Police, the appellant, a police officer, was convicted by a Magistrate of driving in a manner which was dangerous to the public while executing his duties. The appeal against the conviction was dismissed by the Supreme Court of South Australia. The central issue before the court was whether police officers driving in the course of their duties are exempt from the legislative provisions prohibiting dangerous driving, specifically section 46(1) of the Road Traffic Act 1961 (SA). The court had to determine whether the appellant's actions, which were clearly dangerous, could be justified under any special category or exemption for police officers.

The court examined the objective standard of dangerous driving, which is impersonal and universally applicable to all drivers, as established in previous case law. It noted that the law does not recognise exceptions for drivers in specific occupations, including police officers. The court further observed that neither the Australian Road Rules nor the Road Traffic Act provide any exemptions for police officers from the prohibition on dangerous driving. Historical provisions and their interpretation reinforced that police officers are not in a special category exempt from such prohibitions.

Based on these findings, the court held that the appellant's driving, though executed in the course of his duties, did not fall under any exemption and thus constituted dangerous driving under section 46(1) of the Road Traffic Act 1961. Consequently, the appeal was dismissed, affirming the conviction by the Magistrate.