SANDEMAN v Police

The appeal in Sandemon v Police was brought by the appellant, who contested the Magistrate's decision to dismiss his application to reduce the demerit points he received for speeding. The speeding incident occurred on the Eyre Highway at Port Augusta West, where the appellant was recorded driving at 69 km/h in a 60 km/h zone. The appellant, who had already accumulated 12 demerit points, was subject to a licence condition requiring good behaviour. He pleaded guilty to the charge and applied to reduce the demerit points under section 98B(4) of the Motor Vehicles Act 1959 (SA), but his application was refused. The primary legal issue in this case was whether the Magistrate erred in dismissing the appellant's application to reduce the demerit points he received for speeding. The appellant argued that the Magistrate failed to consider all relevant factors in exercising his discretion, particularly the circumstances of the offence and the appellant's state of mind at the time of the offence. The second ground of appeal argued that the appellant was not afforded a fair hearing because his counsel was not allowed to develop the evidence and submissions in a way that enabled the Magistrate to give them proper consideration.

The Court found that the Magistrate did not err in dismissing the appellant's application to reduce the demerit points. The Court held that the Magistrate had considered the appellant's evidence and the circumstances of the offence, but did not find that the offence was trifling or that any other proper cause existed to reduce the demerit points. The Court found that the appellant's evidence did not establish that the offence was of slight importance, insignificant or of little moment, or that there was a soundly-based belief in the lawfulness of the impugned conduct. The Court also found that the appellant was not denied a fair hearing, as his counsel was allowed to present evidence and make submissions on the demerit point application. The Court held that the Magistrate's decision to dismiss the demerit point application was not so obviously unreasonable or unjust as to amount to a failure to exercise the discretion properly.

No orders were made in relation to the appeal. The Court dismissed the appeal and upheld the Magistrate's decision to refuse the appellant's application to reduce the demerit points. The appellant remains subject to the original penalty of a fine not exceeding $187, two demerit points, a victims of crimes levy, and costs of prosecution, with no conviction recorded.