Markarian v The Queen

In the case of Markarian v The Queen, the appellant, Markarian, appealed against a finding of guilt for a speeding offence made in the Local Court. The appellant argued that the motor vehicle was stolen at the time of the offence and therefore he was not liable for the speeding charge. The appeal was heard by the Court of Appeal which had to determine whether the appellant had successfully discharged the onus of proving, on the balance of probabilities, that the vehicle was stolen at the relevant time. The Court was also required to assess the credibility of the appellant's evidence and determine whether the Local Court was correct in rejecting it.

The Court of Appeal considered the evidence presented and noted that the appellant had not provided any satisfactory evidence to support his claim that the vehicle was stolen. The Court found that the appellant's evidence was not credible and that the Local Court was correct in rejecting it. The Court held that the appellant had failed to discharge the onus of proving the stolen vehicle defence, and therefore the appeal was dismissed. The Court also ordered the appellant to pay the respondent's costs in the sum of $5,445.

In dismissing the appeal, the Court of Appeal upheld the finding of the Local Court that the appellant was liable for the speeding offence. The Court found that the appellant had not provided sufficient evidence to establish that the vehicle was stolen at the time of the offence, and therefore the stolen vehicle defence was not successful. The Court of Appeal ordered the appellant to pay the respondent's costs in the sum of $5,445, reflecting the outcome of the appeal.