JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: SACCHERO -v- ROGERS [2023] WASC 324
CORAM: FIANNACA J
HEARD: 2 DECEMBER 2022
DELIVERED : 25 AUGUST 2023
FILE NO/S: SJA 1033 of 2022
BETWEEN: ANDREW CARLO SACCHERO
Appellant
AND
PETER ROGERS
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE K TAVENER
File Number : MI 11422/2020
Catchwords:
Criminal law - Appeal against conviction for driving a motor vehicle at 45 km/h or more above the speed limit - Whether Magistrate erred in law and fact - Where prosecution relied on image from speed measuring and recording equipment - Whether inference available that image tendered was produced from data from speed, measuring and recording equipment - Section 117 of the Road Traffic (Administration) Act 2008 (WA) considered
Legislation:
Criminal Appeals Act 2004 (WA)
Evidence Act 1906 (WA)
Road Traffic Act 1974 (WA)
Road Traffic (Administration) Act 2008 (WA)
Interpretation Act 1984 (WA)
Road Traffic Legislation Amendment Bill (No 2) 2015 (WA)
Magistrates Court Act 2004 (WA)
Result:
Leave granted in respect of amended ground of appeal
Appeal dismissed
Representation:
Counsel:
| Appellant | : | Mr K Bates |
| Respondent | : | Ms R Panetta |
Solicitors:
| Appellant | : | Ken Bates Barrister & Solicitor |
| Respondent | : | State Solicitor's Office |
Cases referred to in decision:
Aldi Foods Pty Ltd v Shop, Distributive & Allied Employees Association [2017] HCA 53; (2017) 92 ALJR 33
Bevan v State of Western Australia [2010] WASCA 101; (2010) 202 A Crim R 27
Chiou Yaou v Morris (1987) 46 NTR 1
Independent Commission Against Corruption v Cuneen [2015] HCA 14; (2015) 256 CLR 1
Ireland v Jackson [2021] WASC 362
Mohammadi v Bethune [2018] WASCA 98
Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355
Ryan v Muscara [2021] WASC 453
Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473
FIANNACA J:
Introduction
This is an appeal pursuant to s 7 of the Criminal Appeals Act 2004 (WA) against a conviction after trial in the Magistrates Court of an offence under s 60A(2)(b) of the Road Traffic Act 1974 (WA) (the RTA) of driving a motor vehicle at 45 km/h or more above the speed limit on a length of road,[1] namely Gnangara Road in Ellenbrook, on 14 September 2020.[2]
[1] Prosecution Notice dated 20 October 2020 for charge no MI 11422/2020.
[2] Reasons for decision, Magistrates Court of Western Australia (Criminal Division), Midland, Case No MI 11422/2020 (Magistrate Tavener), delivered 25 February 2022 (erroneously recorded in the heading as 21 January 2020) (the magistrate's Reasons) [1].
The offence was described in the Magistrates Court and on appeal as an offence of 'reckless driving' or 'driving in a reckless manner' by exceeding the speed limit by 45 km/h or more.[3] In convicting the appellant, the learned magistrate said: 'The defendant is guilty…
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- AGLC
- Sacchero v Rogers [2023] WASC 324
- Case
- [2023] WASC 324
- Decision Date
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