RTA v Graincorp Operations Ltd

The case of *RTA v Graincorp Operations Ltd* concerned an appeal by the Roads and Traffic Authority (RTA) against a decision of a lower court. The RTA sought to challenge an acquittal in criminal proceedings against Graincorp Operations Ltd. The appeal was heard by Giles and McColl JJA, and Handley AJA.

The central legal issues before the appellate court were whether the prosecution had been wrongly prevented from relying on evidence that emerged during the defence case, and whether the prosecution was entitled to present a new case on appeal that had not been raised in the original proceedings. The court also considered whether the acquittal involved an error of law, particularly in relation to the concept of criminal negligence.

The court reasoned that while summary criminal proceedings allow for appeals on questions of law, the existence of evidence that *might* have supported certain findings did not, in itself, establish an error of law. Furthermore, the court held that the prosecution was bound by the conduct of the trial and was not entitled to rely on a new case that was outside the particulars provided. Leave to appeal was granted, but only in a limited capacity, and the court refused to allow the prosecution to present a case on appeal that had not been raised at trial.

Consequently, the appeal was dismissed with costs. Leave to appeal was granted only in respect of specific paragraphs and grounds of appeal, and otherwise refused. The court ordered that the amended notice of appeal be filed within ten days.