Pawlak v Police

The appellant in this case, Pawlak, sought to appeal his convictions for four speeding offences in the Magistrates Court. The first offence was tried and the appellant was convicted, while the other three charges were adjudicated on an ex parte basis and resulted in convictions. Pawlak sought an extension of time within which to appeal against all four convictions, citing various grounds. The appeal was brought to the Supreme Court. The central legal issue in this case was whether the appellant's convictions for speeding, three of which were made in his absence, were valid and whether the appellant's appeal was within the requisite time frame. The court considered whether the appellant's argument that the Road Traffic Act was not enacted in the name of "the Queen’s most excellent Majesty" had merit. Additionally, the court evaluated whether the appeal was properly lodged against the correct orders and whether the appellant's absence during the hearing of the three charges affected the validity of the convictions.

The court found that the appellant's argument regarding the enactment of the Road Traffic Act was without merit, as it had previously been rejected in other cases. The court also determined that the appeal against the convictions made in the appellant's absence was not valid because it was against an interlocutory decision rather than the final order. Furthermore, the court held that the appellant's absence during the hearing did not invalidate the convictions, as the procedures followed were in accordance with the law. Consequently, the court dismissed both appeals and denied the extension of time for appeal. However, the court granted an extension of time to 1 December 2016 and directed the Registrar of the Magistrates Court to correct the certificate of record for the offence on 7 August 2015 at Greenacres.