Rucioch v Police

Case [2004] SASC 127


Rucioch v Police
[2004] SASC 127

Magistrates Appeals (Criminal)

  1. DOYLE CJ:          Mr Rucioch has appealed against convictions recorded by the Magistrates Court and the sentence imposed by the Magistrates Court.

  2. Mr Rucioch pleaded guilty to two charges charged on the one complaint. He was charged with driving a motor vehicle on Grand Junction Road without due care, contrary to s 45 of the Road Traffic Act 1961 (SA) (“the RTA”). He was further charged with being the driver of a motor vehicle on Grand Junction Road, who was turning right at an intersection with traffic lights, the intersection of Grand Junction Road and Eastern Parade, who did not give way to an oncoming vehicle that was going straight ahead at the intersection, contrary to Rule 62 (c) of the Australian Road Rules.

  3. The first offence attracted a maximum penalty of a fine not exceeding $1,250.00; s 164A(2) of the RTA. On conviction, the Court had power to order that he be disqualified from holding or obtaining a driver’s licence; s 168(1) of the RTA. The second offence attracted a maximum penalty of a fine of $1,250.00; Rule 50(1) of the Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 1999. An offence against the provision of the Road Rules also attracts the power to disqualify under s 168(1) of the RTA: s 4(1) of the Acts Interpretation Act 1915 (SA).

  4. After pleas of guilty were entered, the Magistrate heard submissions from the police prosecutor and from counsel for Mr Rucioch. No evidence was given on either side. The Magistrate had before her witness statements obtained by the police, and heard oral submissions from counsel for Mr Rucioch. The Magistrate recorded a conviction on each count, imposed a fine of $750.00, and ordered that Mr Rucioch be disqualified from holding or obtaining a driver’s licence for two years six months. I assume that the Magistrate exercised her powers under s 18A of the Criminal Law (Sentencing) Act 1988 (SA) to impose one penalty for the two offences.

  5. The first ground of appeal is that the Magistrate erred in recording a conviction on both counts.  Mr Dadds, counsel for Mr Rucioch, on appeal submitted that as each offence arose from the same facts, the Magistrate should have required the prosecutor to elect for a conviction on one or other count, and should not have convicted on each count.  No such submission was put to the Magistrate.

  6. The second ground of appeal is that the sentence is excessive.  In support of this submission Mr Dadds argued that the Magistrate gave undue weight to the consequences of the offences, and insufficient weight to the fact that the offences involved momentary inattention, and insufficient weight to Mr Rucioch’s personal circumstances.

  7. Mr Dadds also argued that the Magistrate was obliged to accept facts put in mitigation by counsel for Mr Rucioch, because those facts constituted a version of the facts reasonably open in the circumstances.  He submitted that the…

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AGLC
Rucioch v Police [2004] SASC 127
Case
[2004] SASC 127
Decision Date

CaseChat Overview and Summary

The case of Rucioch v Police involves Mr Rucioch, the appellant, and the respondent, the police. The crux of the dispute pertains to Mr Rucioch's driving conduct that resulted in a collision with a motorcycle driven by Mr Woodman. The matter was heard in the court of appeal. The legal issues that the court had to address centred on whether the Magistrate was correct in rejecting the version of events presented by the appellant's counsel, and whether there was a failure to warn Mr Rucioch that the Magistrate might not accept his counsel's version of the events. This issue was argued based on the precedent set in Law v Deed [1970] SASR 374.

The court delved into the circumstances surrounding the collision, acknowledging that Mr Rucioch was driving his truck on Grand Junction Road and intended to turn right into Eastern Parade. The collision with Mr Woodman's motorcycle occurred as Mr Rucioch began his turn, with the traffic lights still green for eastbound traffic. The court accepted that Mr Rucioch did not see Mr Woodman and believed he had sufficient time to execute his turn. The court also noted that there was no indication of impairment due to drugs or alcohol on Mr Rucioch's part. The Magistrate's conclusion that Mr Rucioch's actions involved "momentary inattention and carelessness" was upheld by the court of appeal.

The court of appeal determined that there was no merit in the contention that the Magistrate was obliged to accept the facts put forward by the appellant's counsel. The court held that there was no ground of appeal on this issue, and accordingly, the appeal was dismissed. The court found no fault in the Magistrate's decision and affirmed the original findings regarding Mr Rucioch's liability for the collision.

Orders

Orders of the court

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Background

Background to the litigation

Mr Dadds also argued that the Magistrate was obliged to accept facts put in mitigation by counsel for Mr Rucioch, because those facts constituted a version of the facts reasonably open in the circumstances. He submitted that the Magistrate was not at liberty to reject the version of the facts put forward by counsel for Mr Rucioch, not having warned Mr Rucioch that she might not accept the submission, and that he should consider whether he wished to give evidence in support of his version of the events. Mr Dadds referred to and relied on the decision in Law v Deed [1970] SASR 374. As Mr Ahern, counsel for the respondent, properly pointed out, there was no ground of appeal raising this issue.Facts Mr Rucioch was driving a large truck west along Grand Junction Road, approaching the intersection with Eastern Parade. The intersection is controlled by traffic lights. The lights were green for westbound and eastbound traffic on Grand Junction Road. As I understand the circumstances, the traffic lights included lights that could display a red, amber or green arrow for westbound traffic turning right into Eastern Parade. However, there is no suggestion that those lights were displaying a green light, which would have indicated to the driver in Mr Rucioch’s position that he had priority over eastbound traffic approaching the intersection. When Mr Rucioch approached the intersection, it was about 6.20am on a winter morning. It was dark. The road was dry. The street lights were on. Mr Rucioch was driving his truck adjacent to the centre line, because he was intending to turn right into Eastern Parade. He slowed as he approached the intersection. At this time two or three motor cars were eastbound on Grand Junction Road, approaching the intersection. My impression is that the closest motor car to Mr Rucioch was about 50 metres or 60 metres from the intersection. About 40 or 50 metres ahead of these motor cars, and travelling in the lane closest to the centre of the road, was a motorcycle being ridden by Mr Woodman. Mr Rucioch entered the intersection and began to turn right into Eastern Parade. As he began to turn right the approaching motor cars were about 50 metres from the intersection. Mr Woodman’s motorcycle was closer, and apparently within 15 metres or 20 metres of the intersection. Almost immediately, the motorcycle collided with the truck. The circumstances indicate that Mr Woodman had no opportunity to take evasive action. At this stage the traffic lights for eastbound traffic were still green. The Magistrate accepted that Mr Ruchioh did not see Mr Woodman, and thought that he had time to turn across the path of the approaching motor cars. She referred to Mr Rucioch’s driving as involving “momentary inattention and carelessness”. There was no suggestion that Mr Rucioch was affected by drugs or alcohol. The Magistrate proceeded on the basis, correctly in my opinion, that Mr Rucioch failed to see the motorcycle that was between him and the approaching motor cars.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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