Stephen Barratt v Ali Merhi

The appeal was brought by Stephen Barratt against Ali Merhi. The dispute arose from Mr Merhi's conviction of driving a motor vehicle on a public road while his driver’s licence was suspended. The matter was heard in the ACT Court of Appeal. The central legal issues the court needed to address were whether the conviction should stand and if there were any procedural errors in the handling of the case by the lower court.

The court examined the process followed by the magistrate in dismissing the information against Mr Merhi. The appeal court found that the magistrate had erred in law by not considering all the evidence and by dismissing the charge without allowing the prosecution an opportunity to respond to the defence's submissions. This procedural error was significant enough to warrant the setting aside of the original decision. Consequently, the appeal court found Mr Merhi guilty of the offence as charged. The proceedings were remitted back to the Magistrates Court for the determination of a penalty for the offence. Additionally, the Director of Public Prosecutions was ordered to pay the respondent’s costs of and incidental to the appeal.