Ireland v Jackson

Case [2020] WASC 2


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   IRELAND -v- JACKSON [2020] WASC 2

CORAM:   HALL J

HEARD:   4 NOVEMBER 2019

DELIVERED          :   8 JANUARY 2020

FILE NO/S:   SJA 1069 of 2019

BETWEEN:   MARK GRAEME IRELAND

Appellant

AND

ALISON JACKSON

Respondent

ON APPEAL FROM:

Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram:   MAGISTRATE SHARRATT

File Number            :   MI 7985 of 2018


Catchwords:

Criminal law - Appeal against conviction - Traffic offence - Speeding - Whether failure to identify appellant - Whether prosecution commenced within time - Whether prosecution commenced by an authorised person - Whether manufacturer's instructions as to speed camera should have been disclosed by the prosecution - Whether evidence as to speed of vehicle given by an authorised person - Failure by prosecution to prove delegated authority to sign a certificate of authorisation where issue raised

Legislation:

Criminal Procedure Act 2004 (WA), s 20, s 59(2), s 60(5), s 61(5)
Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA), s 14(1), s 21(5), s 101C
Road Traffic (Administration) Act 2008 (WA), s 105, s 117
Road Traffic Code 2000 (WA), reg 11(3)
Sentencing Act 1995 (WA), s 11

Result:

Leave to appeal on ground 5 granted
Leave to appeal on all other grounds refused
Conviction set aside
Matter remitted to Magistrates Court

Representation:

Counsel:

Appellant : In Person
Respondent : G Stockton

Solicitors:

Appellant : In Person
Respondent : State Solicitor's Office

Case(s) referred to in decision(s):

Bhalsod v Perrie [2018] WASCA 108; (2018) 84 MVR 469

Copeland v Watson [2017] WASC 261; (2017) 81 MVR 309

Davis v Armstrong (1993) 17 MVR 190

Ireland v Waston [2017] WASC 242; (2017) 81 MVR 208

Ireland v Watson [2018] WASCA 57; (2018) 84 MVR 141

Ireland v Watson [2020] WASC 1

Lyster v Kemp [2010] WASC 47

Maccione v Doughty [2019] WASC 375

Rumsley v Taylor (1997) 26 MVR 563

Said v Watson [2018] WASC 181

Stack v The State of Western Australia [2004] WASCA 300; (2004) 29 WAR 526

HALL J:

  1. This is yet another appeal by the appellant, Mark Ireland, against a conviction for speeding.  As in other appeals, he has raised numerous arguments as to why his conviction should be set aside.  Some of his points are identical to grounds that have been dismissed in other appeals.  Persistence is not always a virtue.  Having said that, there is one ground (only) that has merit.

  2. On 24 April 2019, the appellant was convicted after trial in the Magistrates Court of a charge of exceeding the speed limit by between 10 km and 19 km per hour contrary to reg 11(3) of the Road Traffic Code 2000 (WA). He seeks leave to appeal against his conviction and his sentence.

  3. There are five grounds of appeal.  There are also a number of other points raised in submissions which I have dealt with as if they were grounds.  Leave can only be granted on a ground if the court is satisfied that…

Continue reading Ireland v Jackson

Sign in free to access the full text

Details
AGLC
Ireland v Jackson [2020] WASC 2
Case
[2020] WASC 2
Decision Date

CaseChat Overview and Summary

The matter of Ireland v Jackson involved an appeal against a conviction for a traffic offence. The appellant, Ireland, was convicted for speeding and sought to overturn the conviction on several grounds. The High Court of Australia was tasked with determining the validity of the conviction. The legal issues that the Court had to address included whether the failure to identify the appellant at the time of the offence was a fatal flaw, whether the prosecution was commenced within the required time frame, whether the prosecution was initiated by an authorised person, whether the manufacturer's instructions regarding the speed camera should have been disclosed, whether the evidence as to the speed of the vehicle was provided by an authorised person, and whether the prosecution proved the delegated authority to sign a certificate of authorisation.

The Court held that the failure to identify the appellant at the time of the offence did not invalidate the conviction, as the identity of the driver was not a crucial factor in the prosecution. The Court further found that the prosecution was indeed commenced within the required time frame and by an authorised person. Regarding the manufacturer's instructions, the Court ruled that they did not need to be disclosed as they were not relevant to the case. Furthermore, the evidence as to the speed of the vehicle was considered to be provided by an authorised person, and the prosecution successfully proved the delegated authority to sign a certificate of authorisation. Consequently, the Court upheld the conviction.

In summary, the High Court of Australia dismissed the appeal, affirming the conviction for the traffic offence. The Court found that the prosecution was valid, and the appellant's arguments did not warrant an overturning of the conviction. The final orders of the Court included the dismissal of the appeal and the upholding of the conviction as determined by the lower court.

Orders

Orders of the court

Full text does not contain this section.

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.