| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S CI 2013 0825
Between:
| ANDREW RODGER | Appellant |
| and | |
| ADAM WOJCIK | Respondent |
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JUDGE: | Croucher J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 15 August 2013 | |
DATE OF JUDGMENT: | 27 June 2014 | |
CASE MAY BE CITED AS: | Rodger v Wojcik | |
MEDIUM NEUTRAL CITATION: | [2014] VSC 308 | |
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APPEAL FROM MAGISTRATES’ COURT – Charge of exceeding speed limit – Preliminary brief served – Appellant failed to appear at court – Charge heard and determined ex parte by judicial registrar of Magistrates’ Court – Whether appeal from order of judicial registrar competent – Whether evidence in preliminary brief sufficient to prove charge – Evidence insufficient to prove prescribed use of speed detection device, and therefore particular speed alleged, but sufficient to prove charge – Appeal allowed – Appellant to be re-sentenced by Supreme Court on evidence in preliminary brief rather than by Magistrates’ Court on remittal on fresh evidence – Criminal Procedure Act 2009 (Vic), ss 80, 84, 86, 87, 254 & 272 – Magistrates’ Court Act 1989 (Vic), ss 4, 16I & 16K – Magistrates’ Court (Judicial Registrars) Rules 2005 (Vic), rr 4 & 5 - Road Safety Road Rules 2009 (Vic), r 20 – Road Safety Act 1986 (Vic), ss 25, 28 & 79 & Sch. 5 – Road Safety (General) Regulations 2009 (Vic), r 46 & Sch. 7.
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APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr S Hardy | The Law Offices of Barry Fried |
| For the Respondent | Ms A Hassan | Office of Public Prosecutions |
HIS HONOUR:
Introduction
At about 6:22 p.m. on 31 August 2012, Senior Constable Adam Wojcik (“the respondent”) and another officer were travelling along Green Gully Road in Keilor in a marked police car. They were behind Andrew Rodger (“the appellant”), who was riding a motorcycle, the respondent said, “at a fast rate of speed”. The appellant “accelerated at a fast rate of speed away from them”. The respondent employed a speed detection radar, which indicated that the motorcycle was travelling at 129 kilometres per hour (“kph”). The applicable speed limit was 70 kph. Signs to that effect were in place.
The appellant was intercepted. When asked to produce his driver’s licence, he said, “Look, I know I’ve fucked up. But I’ve got a good excuse. I’m on my way to an AA meeting in Moonee Ponds. I’m a recovering alcoholic.” When the respondent said, “Okay, but that’s no excuse for the speed”, the appellant responded, “I know. I don’t know what I was doing.” When told his speed was detected at 129 kph, he said, “Was it that quick.” When asked whether he knew it was a 70 kph zone, he said, “70 or 80.” The appellant’s motorcycle was impounded for 30 days.
On 8 September 2012, the respondent charged the appellant with riding over the speed limit of 70 kph contrary to r 20 of the Road Safety Road Rules 2009 (Vic) (“the Road Rules”). The…
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- Rodger v Wojcik [2014] VSC 308
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- [2014] VSC 308
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