Police v Martin

[2009] QMC 16

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Police v Martin [2009] QMC 16

PARTIES:

POLICE

(prosecution)

v

RYAN ANTHONY MARTIN

(defendant)

FILE NO/S:

MAG119923/08(5)

DIVISION:

Magistrates Courts

PROCEEDING:

Charge – Summary Hearing

ORIGINATING COURT:

Magistrates Court at Townsville

DELIVERED ON:

19 March 2009

DELIVERED AT:

Townsville

HEARING DATE:

23 February 2009

MAGISTRATE:

Verra LP

ORDER:

I find the defendant not guilty

CATCHWORDS:

TRAFFIC LAW – LICENCING OF DRIVERS – disqualification of drivers licence for high speed offence – service of notice of suspension – whether notice was served in time

Transport Operations (Road Use management) Act 1995, s 30A

COUNSEL:

Greggery for defendant

SOLICITORS:

Prosecution appeared on own behalf

O’Shea & Dyer for defendant

1. The defendant is charged that on 22 June 2008 at Townsville in the Magistrates Courts District of Townsville in the State of Queensland he did drive a motor vehicle namely a car on a road namely Goldring Street Townsville the said defendant not being at that time the holder of a driver licence authorising him to drive that vehicle on that road and further at the time of committing the offence the said defendant being a person to whom the provisions of section 78(3)(d) of the Transport Operations (Road Use management) Act 1995 (the Act) applied, was disqualified from holding or obtaining a driver licence.

1. At the completion of the summary hearing and submissions on 23 February 2009, I remanded the defendant to 26 February 2009 to deliver my decision and on that date I informed the parties that I required further time to prepare my decision. Since that date the prosecution and the defence have provided further submissions and those written submissions have been marked exhibits 7 and 8 respectively.

1. By virtue of s 78(6)(b)(ii)  of the Act disqualified driver means “a person who  is disqualified from holding or obtaining a driver licence because the person was convicted of an offence against the Transport Operations (Road use management – Road Rules) Regulation 1999 , section 20, for driving more than 40 km/h over the speed limit.” Schedule 4 of the Act provides that convicting a person includes the person paying a penalty under the State Penalties Enforcement Act 1999.

1. The prosecution case, simply stated, is that the Chief Executive suspended the defendant’s driver licence for the period starting on 21 January 2008 and ending on 20 July 2008 and that this suspension was effected by virtue of written notice given to the defendant in accordance with s 30A of the Transport Operation (Road use Management – Driver Licensing) Regulation 1999 (the Regulation). The defendant admits that he was driving a motor vehicle on 22 June 2008.[1]

   [1] Exhibit 1

1. The onus lies on the prosecution to prove all elements of the charge beyond reasonable doubt. The defendant makes several admissions which are set out in exhibit 1. There is no dispute that the defendant was driving a motor vehicle as alleged in the charge. The defence maintains that the provisions of s 30A of the Regulation…