SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
POLICE v ZAMMITT & ANOR
[2007] SASC 37
Judgment of The Honourable Justice David
9 February 2007
MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - THE HEARING - EVIDENCE AND COURSE OF TRIAL - GENERAL PRINCIPLES - NO CASE TO ANSWER
Respondents provided paramedic service - jointly charged with 20 counts, namely one count of providing an ambulance service without a licence, one count of holding out as providing an ambulance service, five counts of providing a record that is misleading, two counts of attempting to pervert the course of justice, three counts of driving a vehicle fitted with a siren and three counts of driving a vehicle that is fitted with flashing lights – offences arose from respondents offering a paramedic service to client companies – magistrate dismissed all counts upon application that there was no case to answer – whether magistrate correctly dismissed counts on the basis that there was no case to answer – whether there was evidence with respect to every element of the offence charged which could prove element beyond reasonable doubt.
Ambulance Services Act 1992 s 4, s 5, s 18; Criminal Law Consolidation Act 1935 s 256(1); Expiation of Offences Act 1996 s 5, s 8; Motor Vehicles Act 1959 s 25, s 135; Road Traffic Act 1961 s 122(1); Ambulance Service Regulations 1993 reg 4; Motor Vehicle Regulations 1996 Sch 1; Australian Road Rules r 306; Road Traffic (Vehicle Standards) Rules 1999 r 34(2), r 118(3), referred to.
R v Bilick & Starke (1984) 36 SASR 321; Questions of Law Reserved on Acquittal (No 2 of 1993) (1993) 61 SASR 1; R v Rogerson, Nowytarger & Paltos (1992) 174 CLR 268, applied.
POLICE v ZAMMITT & ANOR
[2007] SASC 37Magistrates Appeal
DAVID J. At all material times the first respondent, David Zammitt, was the sole director of the second respondent, Workcare South Australia Pty Ltd (“Workcare”), a company incorporated in the State of South Australia.
The respondents were jointly charged on Information with two counts alleging breaches of s 5 and s 18 of the Ambulance Services Act 1992, six counts alleging breaches of s 135 of the Motor Vehicles Act 1959, ten counts alleging breaches of s 112(1) of the Road Traffic Act 1961, and two counts of attempting to pervert the course of justice, contrary to s 256(1) of the Criminal Law Consolidation Act 1935.
This is an appeal against the decision of a magistrate to dismiss the 20 charges. At the end of the prosecution case the magistrate ruled that the prosecution had failed to provide sufficient evidence to prove any of the charges against either of the respondents. As a result, the magistrate dismissed the Information. The appellant, SA Police, now appeals against the magistrate’s decision on all counts except two (counts 9 and 10 on the Information).
In her reasons for dismissing the charges the magistrate did not refer to, or…
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CaseChat Overview and Summary
The legal issues that the court was required to decide were whether the magistrate correctly dismissed the counts on the basis that there was no case to answer and whether there was evidence with respect to every element of the offence charged that could prove the element beyond reasonable doubt. The court considered the evidence presented at trial and whether it was sufficient to establish a case to answer for each count.
The court found that the magistrate correctly dismissed counts 1, 6, 8, 11 and 14 on the basis that there was no case to answer. However, the court found that there was sufficient evidence to prove a case to answer for the remaining counts. Therefore, the appeal was dismissed in relation to those counts, but allowed in relation to the remaining counts, which will be remitted to the Magistrates Court for hearing.
The final orders of the court were to dismiss the appeal in relation to counts 1, 6, 8, 11 and 14, and to allow the appeal in relation to the remaining counts, which will be remitted to the Magistrates Court for hearing.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: DAVID J
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