Kemp v Walker

The matter of Kemp v Walker was heard in the Magistrates' Court of Victoria. The appellant, Kemp, was charged with an offence under section 56(1) of the Road Transport (General) Act 2005. The respondent, Walker, sought to have the charge dismissed on the basis that the prosecution had not established a prima facie case against the appellant. The legal issues the court had to resolve included whether the prosecution had made out a prima facie case and whether the court had the authority to dismiss the charge under section 246 of the Criminal Procedure Act 1986.

The court found that the prosecution had established a prima facie case against the appellant. The court noted that the appellant had been charged with driving a vehicle while disqualified from doing so. The evidence presented by the prosecution included the appellant's driving history, which showed that he had been disqualified from driving on two previous occasions. The court was satisfied that the prosecution had made out a prima facie case against the appellant and that the court did not have the authority to dismiss the charge under section 246 of the Criminal Procedure Act 1986. The court held that the charge against the appellant should proceed to a hearing before a higher court.

The court ordered that the charge against the appellant should be transferred to the County Court of Victoria for further proceedings. The court also ordered that the appellant be released on bail, subject to certain conditions. The appellant was required to surrender his passport and to report to police on a regular basis. The appellant was also required to pay a bond of $5000, which was to be forfeit if he failed to appear in the County Court.