Robey v Police

The Supreme Court of South Australia heard an appeal by the appellant, who was convicted by a stipendiary magistrate of damaging another person's property and failing to stop after an accident. The appellant, who was involved in a dispute over a parking space, deliberately reversed into another vehicle and then drove off. The magistrate found the appellant guilty based on the conflicting evidence from both sides. The appellant contested the conviction, arguing that the evidence did not justify it and that the penalty was excessive.

The court examined the form of the charge under section 85(3) of the Criminal Law Consolidation Act, which required the inclusion of the defendant's state of mind. The court found that the charge was defective but did not cause any prejudice to the appellant. Consequently, the court amended the complaint and conviction by adding the word "intentionally" before the word "damaged". The court then assessed the merits of the appeal, considering the evidence presented and the measurements taken during the view of the scene. The court found that the measurements and photographs did not contradict the prosecution's case and that the magistrate's decision was supported by the evidence.

The court dismissed the appeal and upheld the conviction. The court considered the penalty appropriate, taking into account the appellant's previous conviction for a drink-driving offence and his use of the car in his retail business. The court found that a fine of $700 and disqualification for six weeks was a moderate penalty for the two offences committed.

The final order of the court was to dismiss the appeal.