Smith v Road Transport Authority
[2015] ACTSC 414
•18 December 2015
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Smith v Road Transport Authority |
Citation: | [2015] ACTSC 414 |
Hearing Date: | 18 December 2015 |
DecisionDate: | 18 December 2015 |
Before: | Walmsley AJ |
Decision: | See [7]-[8] |
Catchwords: | APPEAL – Jurisdiction, practice and procedure – appeal from the Magistrates Court – stopping in a disabled parking area – error of law – technical error in issuing of summons – charge dismissed |
Legislation Cited: | Crimes (Sentencing Act) 2005 (ACT), s 17 |
Parties: | Christopher Ernest Smith (Appellant) Road Transport Authority (Respondent) |
Representation: | Counsel Mr C Smith - Self-represented (Appellant) Ms M Smith (Respondent) |
| Solicitors Self-represented (Appellant) ACT Director of Public Prosecutions (Respondent) | |
File Number: | SCA 60 of 2015 |
Decision under appeal: | Court: ACT Magistrates Court Before: Magistrate Boss Date of Decision: 16 June 2015 Case Title: Road Transport Authority v Christopher Ernest Smith Court File Number: PP15/40393 |
WALMSLEY AJ:
The appellant was convicted ex-parte of an offence of stopping in a disabled parking area where not authorised to do so, by Magistrate Boss on 16 June 2015. He was fined $216 and ordered to pay $71 court costs, $50 criminal injuries compensation levy and $30 victim services levy.
He lodged an appeal. Having received the summons he pleaded guilty by post, and set out in a letter to the court various matters he wanted the court to take into account, including in particular his health and his financial circumstances.
The Crown is represented on this appeal by Ms M Smith who has, in extremely well crafted submissions, conceded on behalf of the Crown that an error was made by the magistrate and that the appeal must succeed.
In short, her Honour overlooked matters which she was required to deal with, in particular his plea of guilty and the representations made by him by post.
Today Ms Smith conceded that it was open to me to sentence him rather than send the matter back to the Magistrates Court.
Mr C Smith, the appellant, has submitted to me that I should set aside all monetary orders ordered by the magistrate.
I allow the appeal from the magistrate and set aside the orders below.
It seems that a number of technical errors were made in the issuing and the service of the summons on Mr Smith. I take that into account and the fact that he has had to appeal and, ultimately, was successful because of errors of law. I take into account the matters set out in his written representations to the court below. I find the offence proved but under s 17 of the Crimes (Sentencing Act) 2005 (ACT) I order that the charge be dismissed.
| I certify that the preceding eight [8] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Acting Justice Walmsley. Associate: Date: 15 February 2016 |
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