Roads and Maritime Services v Noble-Hiblen

In the matter of Roads and Maritime Services v Noble-Hiblen, the appellant sought to appeal a decision of the Local Court which dismissed a charge brought by the Roads and Maritime Services against the respondent. The respondent was charged with driving a vehicle at a speed that was excessive, contrary to statutory provisions. The Local Court found the respondent not guilty based on the evidence presented. The appellant, dissatisfied with the outcome, lodged an appeal with the Supreme Court, limited to questions of law.

The central legal issue before the court was whether the non-expert evidence presented was sufficient to entitle the respondent to an acquittal, or whether only expert evidence could suffice in raising a reasonable doubt about the speed at which the vehicle was driven. The appellant argued that non-expert testimony could be sufficient to cast doubt on the speed measurement, while the respondent maintained that the court had correctly accepted the non-expert evidence as adequate.

The court held that the Local Court had erred in law by accepting non-expert evidence as sufficient to raise a reasonable doubt regarding the speed of the vehicle. The court clarified that only expert evidence could properly raise such a doubt and therefore entitle the respondent to an acquittal. Consequently, the court allowed the appeal, set aside the decision of the Local Court, and remitted the matter for a rehearing before another magistrate. The court did not order any specific outcomes beyond the remittal of the case for a fresh hearing.