Leyden v Venkat

[2015] QDC 28

DISTRICT COURT OF QUEENSLAND

CITATION:

Leyden v Venkat [2015] QDC 28

PARTIES:

SCOTT RODERICK LEYDEN
(Appellant)

v

QUEENSLAND POLICE SERVICE
(Respondent)

FILE NO/S:

1235/14

DIVISION:

Appellate

PROCEEDING:

Appeal against conviction and sentence

ORIGINATING COURT:

Magistrates Court at Caboolture

DELIVERED ON:

24 February 2015

DELIVERED AT:

Brisbane

HEARING DATE:

09 February 2015

JUDGE:

Bowskill QC DCJ

ORDER:

Appeal Dismissed

CATCHWORDS:

CRIMINAL LAW – Appeal and New Trial – Appeal Against Sentence – Appeal Against Conviction

CRIMINAL LAW – General Matters – Criminal Liability and Capacity – Defence Matters – Ignorance and Mistake of Law - Ignorance and Mistake of Fact – Availability of Defence of Honest and Reasonable Mistake

TRAFFIC LAW – Licensing of Drivers – Queensland – Appeals – Driving While Unlicensed or Disqualified – Disqualification, Cancellation or Suspension of Licences

TRAFFIC LAW – Licensing of Drivers – Queensland – Service

Acts Interpretation Act1954 (Qld), s39A
Criminal Code (Qld), s24
Transport Operations (Road Use Management) Act 1995 (Qld), s78(3)

Commissioner of Police v Kirby [2010] QDC 110
Cook v Commissioner of Police [2012] QCA 118
Ostrowski v Palmer (2004) 218 CLR 493
Ottobrino v Espinoza (1995) 14 WAR 373
Strickland v Klupfel [2013] QDC 210
Thunder Corp Pty Ltd v Queensland Building Services Authority [2008] QCCTB 214
Van Zuik v Zuanetti [2012] QDC 116

COUNSEL:

A. McAdam  for the appellant

R. Swanwick for the respondent

SOLICITORS:

Direct Brief for the appellant

Office of the Director of Public Prosecutions for the respondent

Introduction

1. This is an appeal under s 222 of the Justices Act 1886 (Qld) from an order of a Magistrate made on 8 April 2014.

1. On 17 March 2014, the appellant pleaded not guilty to two charges of unlicensed driving of a motor vehicle (in contravention of s 78(1) of the Transport Operations (Road Use Management) Act 1995 (TORUM Act)), relevantly, in circumstances where his driver licence was suspended under the State Penalties Enforcement Act 1999 (SPEA) (s 78(3)(f) of the TORUM Act).

1. On 8 April 2014, following a hearing, the appellant was found guilty of each of the offences, and sentenced as follows:

(a)in respect of the first offence, committed on 11 January 2013, he was fined $350 and disqualified from driving for one month;

(b)in respect of the second offence, committed on 7 May 2013, he was fined $500 and disqualified from driving for two months.  The disqualifications were not cumulative.

1. The appellant appeals against both his conviction of each charge, and the sentences imposed, on the following grounds:

(a)In respect of his conviction of both charges:

(i) “[t]here was insufficient evidence that the SPER suspension of the Defendant’s driver licence had satisfied the elements of s 39A of the Acts Interpretation Act 1954 (Qld) in respect to service” (ground 1);

(ii)      the Magistrate “incorrectly decided that the certificate evidence tendered by the Prosecution had not been challenged on behalf of the Defendant” (ground 2);

(iii)     the Magistrate “wrongly interfered in the cross-examination of the Prosecution witnesses by the Defendant’s counsel by…