Police v Mytton

[2012] QMC 14

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Police v Mytton [2012] QMC 14

PARTIES:

POLICE

(prosecution)

v

MEYRICK DOUGLAS APLIN MYTTON

(defendant)

FILE NO/S:

MAG207147/10(9)

DIVISION:

Magistrates Courts

PROCEEDING:

Complaint

ORIGINATING COURT:

Magistrates Court at Caboolture

DELIVERED ON:

27 April 2012

DELIVERED AT:

Caboolture

HEARING DATE:

9 February 2012

MAGISTRATE:

Bucknall M

ORDER:

Charge dismissed

CATCHWORDS:

TRAFFIC LAW – DRIVER LICENCING – OFFENCES – EVIDENCE – certificates as evidence – if certificate is signed by an authorised delegate is evidence of the delegation required

COUNSEL:

Stephenson (senior constable) for prosecution

D Wells for defendant

SOLICITORS:

Prosecution on own behalf

1. The defendant is charged with an offence under section 78(1)&(3) of the Transport Operations (Road Use Management) Act 1995, that is driving a motor vehicle without a driver’s licence and at the time of driving the defendant’s licence was suspended under the State Penalties Enforcement Act 1999.

1. The matter was conducted on the papers; that is no oral evidence was adduced by either the prosecution or the defendant.

1. Mr Wells of Counsel who appeared on behalf of Mr Mytton indicated to the court at the outset that as there was no factual issue in dispute that he and the police prosecutor had agreed upon that course subject to the wishes of the court.

1. I was happy to determine the matter on that basis.

1. Further Mr Wells indicated that he would make submissions first, and in particular would initially be making submissions as to a no case to answer.

THE FACTS

1. The prosecutor outlined that at about 5.50 pm on Saturday 15 May 2010 police intercepted a Mitsubishi Magna, and spoke to the driver who is the defendant before the Court.

1. Police then made road side enquiries through police communications and ascertained that the defendant’s licence was SPER suspended.

1. The prosecutor then tendered various documents including a certificate under section 60(2) of the Transport Operations and Road Use Management Act (TORUM).

1. That certificate was issued by a Karen Ruth Howell, senior advisor, Caboolture Service Centre and authorised delegate of the Chief Executive of the Department of Transport and Main Roads, saying that on 15 May 2010 there was not in force a driver’s licence and that the defendant was suspended from 24 August 2008 until 17 May 2010 as a consequence of a SPER suspension.

1. Further the prosecutor tendered a certificate of the Registrar of SPER under section 157(3) of the State Penalties Enforcement Act 1999 (SPER) that being of Shreee Nitkiewicz being the proper officer authorised in accordance with section 161(1) of the SPER Act.

1. That certificate purported to be evidence of the matters contained in it, which in summary were as follows:

1.          On 3 November 2005 infringement notice A0025101879 issued to the defendant was registered with SPER  for enforcement.

2.          On 3 November 2005 an Enforcement Order was issued to the defendant at his address. That notice was returned unclaimed.

3.          On 10 July 2008 a Reminder Notice was issued to the defendant.

4.          On 1 August 2008 a Notice of…