Rossiter v Adelaide City Council

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SUPREME COURT OF SOUTH AUSTRALIA

(Magistrates Appeals: Criminal)

ROSSITER v ADELAIDE CITY COUNCIL

[2020] SASC 61

Judgment of The Honourable Justice Livesey

23 April 2020

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

TORTS - TRESPASS - TRESPASS TO GOODS

TRAFFIC LAW - TRAFFIC REGULATION - RESTRICTIONS ON STOPPING AND PARKING

Appeal against a parking conviction by a Magistrate.

The appellant received an expiation notice as the driver of a vehicle parked in excess of the 30-minute time limit indicated by a permissive parking sign. The appellant elected to be prosecuted and was issued an information and summons.

On the day of trial, but before the matter was called on, the appellant showed the prosecutor a notice which read, “Notice: private property, no trespassing”. The appellant said that the notice was displayed on the vehicle when the expiation notice was left on the windscreen.

In the Magistrates Court the appellant did not enter a plea. The Magistrate directed that a plea of "not guilty" be entered and proceeded as if the matter was ex parte. The prosecution proceeded to prove the appellant’s guilt beyond reasonable doubt with the assistance of statutory aids to proof. The Magistrate did not rely on s 62BA of the Criminal Procedure Act 1921 (SA) (“the Act”) which allows the Magistrates Court to regard any allegation contained in the information and summons as sufficient evidence of the matters alleged.

The appellant was found guilty of breaching r 205 of the Australian Road Rules and was fined without a conviction recorded.

In this Court, the appellant sought to appeal his conviction on 11 grounds, including on the bases that no plea was entered and that the inspectors trespassed when attaching the expiation notice to the windscreen.

Held, dismissing the appeal; each ground of appeal is without merit and misunderstands the statutory and regulatory authority of the respondent.

1. In the circumstances of this case, where the appellant was present but refusing to participate, there was no good reason not to take advantage of the statutory aid in s 62BA(1). Nonetheless the Magistrate’s adjudication on evidence in this case reinforced the absence of any miscarriage of justice to the appellant.

2. The affixation of the expiation notice to the vehicle was explicitly permitted by the Expiation of Offences Act 1996 (SA) and could not comprise trespass.

Criminal Law Consolidation Act 1935 (SA) Pt 8A; Criminal Procedure Act 1921 (SA) s 62BA, s 129; Expiation of Offences Act 1996 (SA) s 6; Local Government Act 1999 (SA) s 208, s 260, s 261, s 292; Road Traffic Act 1961 (SA) s 5, s 17, s 35, s 80, s 174A, s 174B, s 174C s 174D, s 174E, s 175; Road Traffic (Miscellaneous) Regulations 2014 (SA) reg 9, reg 63; Supreme Court Civil Supplementary Rules 2014 (SA) r 238, referred to.
Penfolds Wines Pty Ltd v Elliott (1946) 74 CLR 204; Plenty v Dillon (1991) 171 CLR 635; R v Hall [1971]…

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Details
Case
[2020] SASC 61
Decision Date

CaseChat Overview and Summary

The case of Rossiter v Adelaide City Council involved the appellant, Rossiter, challenging a traffic infringement notice issued by the Adelaide City Council for a contravention of parking regulations. The dispute was heard and dismissed by the Magistrates Court of South Australia, and the decision was subsequently appealed to the Supreme Court of South Australia. The primary issue before the Supreme Court was whether the Magistrates Court erred in upholding the infringement notice issued for the alleged contravention of parking regulations.

The legal issues centered on the validity of the expiation notice and the appellant's contention that there was no harm or injury caused by his actions, as well as the argument regarding the foreign language text on the notice. The court considered whether the absence of harm or injury and the inclusion of foreign language text on the notice were relevant to the efficacy of the expiation notice or the prosecution. The court also addressed the appellant's broader arguments, which were described as pseudolegal, and the impact of these arguments on the costs associated with the appeal.

In its reasoning, the Supreme Court held that the arguments presented by the appellant were without merit. The court found that the absence of harm or injury and the inclusion of foreign language text on the notice were not relevant to the validity of the expiation notice or the prosecution. The court also expressed regret over the appellant's decision to pursue pseudolegal arguments, which led to the escalation of costs associated with the appeal. Consequently, the appeal was dismissed, and the respondent was awarded costs totaling $678.30.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

Grounds 10 and 11 refer to the absence of harm or injury and to the foreign language text on the expiation notice, included no doubt for the assistance of those who have difficulty with English. None of that was relevant to the efficacy of the expiation notice or the prosecution for which the appellant elected on 8 April 2019.[40][40] Best v Police [2015] SASC 190, [68]-[69] (Bampton J).Conclusion It is regrettable that the appellant has advocated the various pseudolegal arguments underpinning this appeal. If he has acted on the advice of others, he is well advised to stop doing so. His decision to defend has resulted in a trivial parking fine escalating to a financial burden exceeding $2,000. Each ground of appeal is without merit and the appeal is dismissed. After hearing the parties on costs, and pursuant to r 238 of the Supreme Court Civil Supplementary Rules 2014 (SA), the respondent is entitled to costs, fixed at $500, together with transcript costs of $178.30, a total of $678.30.

Ratio Decidendi

Legal Principle Established

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