Santosa v Guerin - [2007] QDC 335

DISTRICT COURT OF QUEENSLAND

CITATION: Santosa v Guerin [2007] QDC 335

PARTIES:
Handojo Santosa
(Appellant)
v
Scott Guerin
(Respondent)

FILE NO: 99 of 2007

PROCEEDING: Appeal from Magistrates Court

DELIVERED ON: 10 December 2007

DELIVERED AT: Southport

HEARING DATE: 20 November 2007 followed by written submissions

JUDGE: C.F. Wall Q.C.

ORDER: Appeal allowed with costs, complaint dismissed with costs.

CATCHWORDS:
APPEAL – INFERIOR COURTS – TRAFFIC – appellant convicted of driving without a driver licence and whilst disqualified – previously disqualified by a Queensland court for holding or obtaining a driver licence – appellant held a valid Indonesian driver licence which by Queensland legislation authorised him to drive in Queensland – whether previous disqualification applied to Indonesian driver licence and authorisation, by reason of that licence, to drive in Queensland – jurisdiction of Queensland court over foreign driver licence.

APPEAL – INFERIOR COURTS – COSTS – on successful appeal and in Magistrates Court following dismissal of complaint (on appeal) – difficult, complex and important matter – quantum of costs.

Cases referred to (on costs)
Latoudis v Casey (1990) 170 CLR 534, FAA
Hodgens v Williams [2005] QDC 371, FAA
Williams v Rex and Anor,(No. 2) [2007] QDC 309, DIST
Durrant v Gardner [2000] QDC 198, FAA

Legislation referred to:

Transport Operations (Road Use Management) Act 1995, ss 78(1), 79(2), 86(2)(f), 127(2)(b), definitions of “non-Queensland driver licence”, “foreign driver licence”, “Queensland driver licence”, “driver licence”, “licence”, “permit”, “transport Act”, “disqualified driver”.

Transport Operations (Road Use Management – Driver Licensing) Regulation 1999, ss. 26, 35
Penalties and Sentences Act, s. 187
Justices Act, ss. 158A, 158B, 232A

COUNSEL K. Flemming QC and R.D. Green for Appellant
M. Whitbread for Respondent

SOLICITORS: Appellant – Thynne & Macartney
Respondent –Office of the Queensland Police Service Solicitor

HIS HONOUR: This is an appeal against the appellant's conviction by an Acting Magistrate in the Magistrates Court at Southport on the 2nd February 2007 of driving a motor vehicle without a driver licence and whilst disqualified by a Court from holding or obtaining a driver licence. The offence was alleged to have been committed on the 29th June 2006.

On the 11th April 2006 in the same Court the appellant was convicted of a drink-driving offence and it was ordered that he be disqualified from holding or obtaining a driver licence for three months. This was the disqualification relied on for the offence subject of the appeal. Both are offences against the provisions of the Transport Operations (Road Use Management) Act 1995 - TORUM. The offence the appellant was convicted of is found in section 78(1) of TORUM. That provides:

"78 Driving a motor vehicle without a driver licence
prohibited.

A person must not drive a motor vehicle on a road unless the person holds a driver licence authorising the person to drive the vehicle on the road.

Maximum penalty -

(a) if the person committed the offence while the person was disqualified, by any Court order, from holding or obtaining a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Santosa v Guerin

Details

AGLC: Santosa v Guerin [2007] QDC 335
Case: [2007] QDC 335
Decision Date: 10 December 2007

CaseChat Overview and Summary

Santosa has appealed against his conviction for driving without a driver’s licence and while disqualified. The conviction was handed down by the Magistrates Court of Queensland following Santosa’s arrest for driving without a licence. Santosa held a valid Indonesian driver’s licence, which under Queensland legislation authorised him to drive in Queensland. Santosa’s disqualification stemmed from a previous decision of a Queensland court, which had disqualified him from holding or obtaining a driver’s licence. Santosa’s appeal challenges whether the disqualification applied to his Indonesian driver’s licence and to the authorisation, by reason of that licence, to drive in Queensland. Santosa also appealed against the refusal of the Magistrates Court to award him costs on his successful appeal.

The court was required to decide whether the Queensland court’s disqualification applied to Santosa’s Indonesian driver’s licence. The court was also required to determine whether the Queensland court had jurisdiction to disqualify Santosa from holding or obtaining a driver’s licence, and to determine the quantum of costs, if any, to be awarded to Santosa.

The appeal was allowed. The court held that the Queensland court’s disqualification did not apply to Santosa’s Indonesian driver’s licence. The court found that the Queensland court did not have jurisdiction to disqualify Santosa from holding or obtaining a driver’s licence. The court held that the matter was difficult, complex and important and awarded Santosa costs. The complaint was dismissed with costs.

Orders

Orders of the court

Appeal allowed with costs, complaint dismissed with costs.

Background

Background to the litigation

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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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CITATION:	Santosa v Guerin [2007] QDC 335
PARTIES:	Handojo Santosa (Appellant) v Scott Guerin (Respondent)
FILE NO:	99 of 2007
PROCEEDING:	Appeal from Magistrates Court
DELIVERED ON:	10 December 2007
DELIVERED AT:	Southport
HEARING DATE:	20 November 2007 followed by written submissions
JUDGE:	C.F. Wall Q.C.
ORDER:	Appeal allowed with costs, complaint dismissed with costs.
CATCHWORDS:	APPEAL – INFERIOR COURTS – TRAFFIC – appellant convicted of driving without a driver licence and whilst disqualified – previously disqualified by a Queensland court for holding or obtaining a driver licence – appellant held a valid Indonesian driver licence which by Queensland legislation authorised him to drive in Queensland – whether previous disqualification applied to Indonesian driver licence and authorisation, by reason of that licence, to drive in Queensland – jurisdiction of Queensland court over foreign driver licence. APPEAL – INFERIOR COURTS – COSTS – on successful appeal and in Magistrates Court following dismissal of complaint (on appeal) – difficult, complex and important matter – quantum of costs. Cases referred to (on costs) Latoudis v Casey (1990) 170 CLR 534, FAA Hodgens v Williams [2005] QDC 371, FAA Williams v Rex and Anor,(No. 2) [2007] QDC 309, DIST Durrant v Gardner [2000] QDC 198, FAA Legislation referred to: Transport Operations (Road Use Management) Act 1995, ss 78(1), 79(2), 86(2)(f), 127(2)(b), definitions of “non-Queensland driver licence”, “foreign driver licence”, “Queensland driver licence”, “driver licence”, “licence”, “permit”, “transport Act”, “disqualified driver”. Transport Operations (Road Use Management – Driver Licensing) Regulation 1999, ss. 26, 35 Penalties and Sentences Act, s. 187 Justices Act, ss. 158A, 158B, 232A
COUNSEL	K. Flemming QC and R.D. Green for Appellant M. Whitbread for Respondent
SOLICITORS:	Appellant – Thynne & Macartney Respondent –Office of the Queensland Police Service Solicitor