Police v Whitehead - [2012] QMC 18

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Police v Whitehead [2012] QMC 18

PARTIES:

POLICE

(prosecution)

v

JASON CHARLES WHITEHEAD

(defendant)

FILE NO/S:

MAG226003/10(0)

DIVISION:

Magistrates Courts

PROCEEDING:

Charge

ORIGINATING COURT:

Magistrates Court at Caboolture

DELIVERED ON:

7 August 2012, 8 August 2012

DELIVERED AT:

Caboolture

HEARING DATE:

1 March 2012, 15 May 2012, 19 June 2012

MAGISTRATE:

Bucknall MW

ORDER:

In relation to the charge of driving while not the holder of a drivers licence the defendant is found guilty and convicted, the conviction is not recorded and the defendant released absolutely.

In relation to the charges of failing to notify a change of address and driving a vehicle not compliant with the vehicle standards the defendant is convicted, those convictions are recorded and pursuant to section 49 of the Penalties and Sentences Act one penalty is imposed for both offences, that is he is convicted and fined the sum of $400.

CATCHWORDS:

TRAFFIC LAW – OFFENCES – SENTENCING – driving while not the holder of a driver licence – does a disqualification interstate make the defendant unlicensed in Queensland - mandatory disqualification is not necessary if defendant released absolutely

Transport and Operations Road Use Management Act 1995 sections 60(2), 78(1), (3) & (6), 124

Transport Operations (Road Use Management-Driver Licensing) Regulation 2010 sections 124, 125 and 133(1)

Evidence Act section 53

Penalties and Sentences Act sections 12, 18 & 19

Acts Interpretation Act (1954) Qld sections 14A and 32CA

Fletcher v. The Chief Executive, Department of Transport and Main Roads [2011] QCAT 201. – followed

Commissioner of Police v Nathan Wayne Kirby [2010] QDC 110 – followed

Van Kuik v Zuanetti [2012] QDC 116 – followed

COUNSEL:

L Stephenson (Senior Constable) for prosecution

A McAdam for defendant

SOLICITORS:

Prosecution on own behalf

This is a hearing in relation to two contested charges namely:

1. Driving a car on a road while not being at that time the holder of a driver licence authorising the defendant to the drive the vehicle on the road and at the time of committing the offence the defendant was disqualified by a court order from holding or obtaining a driver licence pursuant to section 78(1) & (3)(a) of the Transport Operations and Road Use Management Act 1995 , and

2. Failing to notify of a change of address pursuant to section 133(1) of the Transport Operations (Road Use Management-Driver Licensing) Regulation 2010.

Both offences are alleged to have been committed on 2 November 2010.

FACTS

The defendant was intercepted driving his vehicle at approximately 6.00 pm on 2 November 2010.

It was ascertained by the arresting officer at that time that the defendant was both unlicensed and also not living at the address nominated on the defendant’s licence.

Later enquiries made by the arresting officer revealed that the defendant had been disqualified from holding or obtaining a drivers licence for a period of 6 months from 27 June 2010 until 26 December 2010 in the Local Court at Armidale in New South Wales.

The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Police v Whitehead

Details

AGLC: Police v Whitehead [2012] QMC 18
Case: [2012] QMC 18
Decision Date: 7 August 2012, 8 August 2012

CaseChat Overview and Summary

The matter of Police v Whitehead was heard in the Queensland Magistrates Court. The defendant, Mr. Whitehead, faced charges of driving while not the holder of a driver's licence, failing to notify a change of address, and driving a vehicle not compliant with vehicle standards. The key issue before the court was whether Mr. Whitehead's disqualification from holding a driver's licence in another state rendered him unlicensed in Queensland, thereby justifying his conviction for driving without a licence. Additionally, the court needed to determine the appropriate penalty for the offences.

The court considered the statutory framework governing the operation of driver's licences in Queensland and how it interacts with interstate disqualifications. It examined the legislative intent behind the penalties for driving without a licence and whether a mandatory disqualification was necessary when the defendant was released absolutely. The court concluded that while Mr. Whitehead was indeed disqualified from holding a licence in another state, this did not automatically render him unlicensed in Queensland. The court found that the mandatory disqualification was not warranted in this instance, given the circumstances of his release. Consequently, the court convicted Mr. Whitehead of driving without a licence but chose not to record the conviction, instead releasing him absolutely.

The court also addressed the other charges, convicting Mr. Whitehead of failing to notify a change of address and driving a non-compliant vehicle. It imposed a single penalty for both offences, fining him $400. This decision reflects the court's approach to balancing the need for penalties with the circumstances of the defendant's release. The final orders of the court included a conviction for driving without a licence with no conviction recorded and absolute release, as well as convictions and fines for the other charges.

Orders

Orders of the court

In relation to the charge of driving while not the holder of a drivers licence the defendant is found guilty and convicted, the conviction is not recorded and the defendant released absolutely.

In relation to the charges of failing to notify a change of address and driving a vehicle not compliant with the vehicle standards the defendant is convicted, those convictions are recorded and pursuant to section 49 of the Penalties and Sentences Act one penalty is imposed for both offences, that is he is convicted and fined the sum of $400.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Police v Whitehead [2012] QMC 18
PARTIES:	POLICE (prosecution) v JASON CHARLES WHITEHEAD (defendant)
FILE NO/S:	MAG226003/10(0)
DIVISION:	Magistrates Courts
PROCEEDING:	Charge
ORIGINATING COURT:	Magistrates Court at Caboolture
DELIVERED ON:	7 August 2012, 8 August 2012
DELIVERED AT:	Caboolture
HEARING DATE:	1 March 2012, 15 May 2012, 19 June 2012
MAGISTRATE:	Bucknall MW
ORDER:	In relation to the charge of driving while not the holder of a drivers licence the defendant is found guilty and convicted, the conviction is not recorded and the defendant released absolutely. In relation to the charges of failing to notify a change of address and driving a vehicle not compliant with the vehicle standards the defendant is convicted, those convictions are recorded and pursuant to section 49 of the Penalties and Sentences Act one penalty is imposed for both offences, that is he is convicted and fined the sum of $400.
CATCHWORDS:	TRAFFIC LAW – OFFENCES – SENTENCING – driving while not the holder of a driver licence – does a disqualification interstate make the defendant unlicensed in Queensland - mandatory disqualification is not necessary if defendant released absolutely Transport and Operations Road Use Management Act 1995 sections 60(2), 78(1), (3) & (6), 124 Transport Operations (Road Use Management-Driver Licensing) Regulation 2010 sections 124, 125 and 133(1) Evidence Act section 53 Penalties and Sentences Act sections 12, 18 & 19 Acts Interpretation Act (1954) Qld sections 14A and 32CA Fletcher v. The Chief Executive, Department of Transport and Main Roads [2011] QCAT 201. – followed Commissioner of Police v Nathan Wayne Kirby [2010] QDC 110 – followed Van Kuik v Zuanetti [2012] QDC 116 – followed
COUNSEL:	L Stephenson (Senior Constable) for prosecution A McAdam for defendant
SOLICITORS:	Prosecution on own behalf