Such v Police

The applicant, Such, sought leave to appeal against a decision of a magistrate concerning a traffic offence. The dispute centred on the proof of the applicant's speed, specifically the accuracy and operation of a speed detection device. The appeal was heard by Gray, Sulan and Vanstone JJ.

The primary legal issue before the court was whether the magistrate had erred in her approach to the onus of proof regarding the accuracy of the speed detection instrument. The court was required to consider the evidentiary weight and sufficiency of the presumption of accuracy afforded to scientific instruments used in proving traffic offences.

The court found that the magistrate had not erred in her application of the onus of proof. Her Honour correctly understood that the relevant legislative provision operated to establish, in the absence of contrary evidence, that the speed detection device was accurate. Crucially, the magistrate also found that the prosecution had discharged the criminal onus of proof in relation to the operation of the device and the reading of the speed.

The application for permission to appeal was deemed unmeritorious. While the court granted an extension of time for filing the Notice of Appeal due to circumstances outside the applicant's control, it ultimately refused the application for permission to appeal.