MAGISTRATES COURTS OF QUEENSLAND
CITATION:
Knight v Raddie [2013] QMC 15
PARTIES:
RAYMOND BRIAN KNIGHT
(complainant)
v
NIGEL EDWARD RADDIE
(defendant)
FILE NO/S:
MAG75904/13(4)
DIVISION:
Magistrates Court
PROCEEDING:
Complaint and Summons
ORIGINATING COURT:
Magistrates Court at Ipswich
DELIVERED ON:
18 October 2013
DELIVERED AT:
Ipswich
HEARING DATE:
27 September 2013
MAGISTRATE:
Stark RJ Acting Magistrate
ORDER:
Defendant is convicted
CATCHWORDS:
TRAFFIC LAW – OFFENCES – speeding – exceeding the speed limit in a school speed zone - exceeding the speed limit in a speed zone on a road not signed - whether a mistake of the speed in a speed zone is a mistake of fact or a mistake of law
Criminal Code, s 22, s 24
Transport Operations (Road Use Management – Road Rules) Regulation 2009, s 20, s 23, s 342Binskin v Kangaroo Transport Pty Ltd (1990) 12 MVR 499
Bond v Commissioner of Police [2012] QDC
Hull and Australian Postal Corporation [2013] AATA 635
Kozyriski v Hodgson[2012] WASC 421
Maybir v Bone [2005] QCA 344
Munroe v Queensland Police Service [2007] QDC 154
Olver v Commissioner of Police; Manz v Commissioner of Police [2013] QDC 9
Ostrowski v Palmer (2004) 206 ALR 422
Roads and Traffic Authority (NSW) v Barwick [2009] NSWSC 374
Roads and Traffic Authority (NSW) v O’Reilly 52 MVR 243, [2009] NSWSC 134
Townpub Pty Ltd v PJ Ryan’s Hotels Pty Ltd [2005] CCT G529-03
Valentine v Eid (1992) NSWLR 615COUNSEL:
K Allison (sergeant) for the complainant
defendant appeared on own behalf
SOLICITORS:
Police Prosecution Corps for the complainant
defendant appeared on own behalf
The defendant is charged by complaint:
“That on the 13th day of November, 2012, at Sadliers Crossing in the Magistrates Court District of Ipswich in the State of Queensland he being the driver of a vehicle namely a car drove at a speed over the speed limit namely 40 kilometres per hour applying to the driver for the length of road namely Burnett Street Sadliers Crosssing where the said driver was driving at it is averred that the said car is a vehicle as defined in Schedule 4 of the Transport Operations (Road Use Management) Act 1995 and it is averred that the said Burnett Street is a road as defined in schedule 4 of the Transport Operations (Road Use Management) Act 1995.”
The offence of speeding is provided for by section 20 of the Transport Operations (Road Use Management – Road Rules) Regulation 2009, (the Queensland Road Rules):
“20 Obeying the speed limit
A driver must not drive at a speed over the speed limit applying to the driver for the length of road where the driver is driving.
Maximum penalty—40 penalty units.
Note—
See also the Criminal Code, section 328A (Dangerous operation of a vehicle) and sections 83 (Careless driving of motor vehicles) and 84 (Dangerous driving of vehicles (other than motor vehicles) etc.) of the Act.”
Section 23 provides for the speed…
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- AGLC
- Knight v Raddie [2013] QMC 15
- Case
- [2013] QMC 15
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the mistake made by the defendant and its implications for the charge of speeding. It was necessary to determine whether the defence of a mistake of fact, which would negate the requisite mens rea for the offence, was applicable. The court examined the principle that ignorance of the law is not an excuse, and whether this principle applied to a misunderstanding of the speed limit in a school zone. Ultimately, the court concluded that the defendant's mistake regarding the speed limit was a mistake of fact, as the defendant genuinely believed they were driving within the speed limit.
The court found that the defence of a genuine and reasonable mistake of fact was available to the defendant. However, it determined that the defendant's mistake was not reasonable, as it was based on a misinterpretation of the speed limit signs. Consequently, the defendant was convicted of exceeding the speed limit in a school speed zone. The final orders of the court were that the defendant, Raddie, was convicted of the offence.
Orders
Orders of the court
Defendant is convicted
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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