WALKER v Police

Walker brought an appeal against the decision of a Magistrate, who dismissed the defendant's application to quash an Expiation Notice. The defendant had been issued an Expiation Notice for a traffic infringement. The defendant challenged the validity of the notice on the basis that the date for payment was incorrect, being 32 days instead of the 28 days required by section 6(1)(c) of the relevant legislation.

The court was required to determine whether the discrepancy in the date for payment was significant enough to invalidate the Expiation Notice. The court considered whether the departure from the statutory requirement was minor or inconsequential, and whether it prejudiced the purpose of the legislature in imposing the requirement. The court also needed to decide whether the complaint was lodged within the statutory time frame and whether the Magistrate's decision was correct.

The court found that the minor discrepancy in the date for payment on the Expiation Notice did not prejudice the purpose of the legislature in imposing the requirement. The court concluded that the Expiation Notice was valid, and the complaint was lodged within the statutory time frame. The Magistrate's decision to dismiss the defendant's application was correct. The appeal was dismissed.

The court did not make any further orders.