Road Transport Authority v Candy

Case [2025] ACTMC 5


MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Road Transport Authority v Candy

Citation: 

[2025] ACTMC 5

Hearing Dates: 

15 November 2024

Decision Date: 

24 February 2025

Before:

Magistrate Temby

Decision: 

The Defendant is not guilty of the offence charged

Catchwords: 

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – exceed speed limit – validity, effect and admissibility of evidentiary certificate issued pursuant to s 25 of the Road Transport (Safety and Traffic Management) Act 1999

Legislation Cited: 

Road Transport (Road Rules) Regulation 2017, s 13, 20

Road Transport (Safety and Traffic Management) Act 1999, s 16, 24(1), 24(2)(b), 25, 25(4) - (5), 25(9), 33

Road Transport (General) Act 1999, s 16, 16(2) -(3), 17(1)-(3), 56, 72

Road Transport (Safety and Traffic Management) Regulation 2017, s 13

Legislation Act 200,1 s 40,104, 242

Public Sector Management Act 1999, s 21, 21(5), 21(7)

Australian Capital Territory (Self-Government) Act 1988 (Cth), s37, 43, 43(2), Schedule 4

Cases Cited: 

Moore v R [2016] NSWCCA 185

Thomas v The Queen (1960) 102 CLR 584

Gibbons v Perkins [2021] ACTSC 254

Pappas v Mirenda [2021] ACTSC 329

Hijazi v Orr (1997) 26 MVR 26

Clark v Bluett [2016] ACTSC 312

Burridge v Chief Magistrate of the Magistrates Court of the Australian Capital Territory (No 2) [2018] ACTCA 43

Lewis v Chief Executive Department of Justice and Community Safety & Ors [2013] ACTSC 198

Text Cited: 

Administrative Arrangements 2016 (No 3), Schedule 2, Part 2.4, s 5

Public Sector Management (Head of Access Canberra Functions) Declaration 2016

Road Transport Legislation (Access Canberra) Delegation 2017 (No 1)

Administrative Arrangements 2016 (No 3), Schedule 2, Part 2.4

Road Transport (Safety and Traffic Management) Traffic Offence Detection Device Approval 2023 (No 1)

The Constitution of the Australian Capital Territory (Federation Press, 2021), Mossop J

Parties: 

Breeze Mojel (Informant)

Chantelle Candy ( Defendant)

Representation: 

Solicitors

Director of Public Prosecutions

(Defendant self-represented)

File Numbers:

CC 40715/ 2024

MAGISTRATE TEMBY:

Facts

1․On 31 December 2023, the Defendant and her partner drove their cars along Ginninderra Drive, through the intersection with Aikman Drive in Belconnen (the Intersection). Ginninderra Drive is a road in the Australian Capital Territory. The speed limit on Ginninderra Drive through the Intersection was (and remains) 80 km per hour.

2․A speed measurement device recorded the speed of the Defendant’s car as it drove through the Intersection as being 98 km per hour. As a result, the Defendant was issued with a traffic infringement notice. The Defendant disputed liability and she was subsequently charged with exceeding the speed limit, contrary to s 20 of the Road Transport (Road Rules) Regulation 2017 (Road Rules Regulation).

What is in issue?

The parties’ positions

3․The Defendant does not dispute that she was the driver of a motor vehicle on a road. Accordingly, the first two elements of the offence with which she is charged are not in issue. The Defendant disputes the allegation that she exceeded the speed limit that applied to Ginninderra Drive at the Intersection.

4․The Defendant…

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AGLC
Police v Candy [2025] ACTMC 5
Case
[2025] ACTMC 5
Decision Date

CaseChat Overview and Summary

The case before the court involved the Road Transport Authority prosecuting Candy for exceeding the speed limit. The dispute centred on the validity, effect, and admissibility of an evidentiary certificate issued under section 25 of the Road Transport (Safety and Traffic Management) Act 1999. The court had to determine whether the certificate, which was pivotal to the prosecution's case, was correctly issued and could be relied upon in evidence. The key legal issue was whether the evidentiary certificate was valid and admissible in court under the relevant statute.

The court examined the statutory framework and the procedural requirements for issuing the certificate. It considered the legislative intent behind section 25 and whether the certificate adhered to these requirements. The court found that the evidentiary certificate did not comply with the statutory provisions, as it failed to meet the necessary criteria for admissibility. Consequently, the certificate was deemed inadmissible, and the prosecution's case could not be substantiated without it. Given the inadmissibility of the crucial evidence, the court ruled that the defendant was not guilty of the offence charged.

As a result of the court's decision, Candy was acquitted of the charge. The court's ruling underscored the importance of adhering to statutory requirements when issuing evidentiary certificates and highlighted the consequences of non-compliance. The final orders of the court were that Candy was not guilty of the offence of exceeding the speed limit due to the inadmissibility of the evidentiary certificate issued under section 25 of the Road Transport (Safety and Traffic Management) Act 1999.

Orders

Orders of the court

The Defendant is not guilty of the offence charged

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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