Waugh v Hodgson

Case [2015] WASC 354


WAUGH -v- HODGSON [2015] WASC 354



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASC 354
Case No:SJA:1043/201516 SEPTEMBER 2015
Coram:BEECH J25/09/15
22Judgment Part:1 of 1
Result: Leave to appeal refused on all grounds
Appeal dismissed
B
PDF Version
Parties:GAVIN BRUCE WAUGH
PAUL RICHARD HODGSON

Catchwords:

Criminal law and procedure
Road traffic
Speeding
Whether reg 11(3) of the Road Traffic Code 2000 (WA) valid
Whether prosecution must prove speed caused risk to safety

Legislation:

Road Traffic Code 2000 (WA), reg 11

Case References:

Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27
Carr v The State of Western Australia [2007] HCA 47; (2007) 232 CLR 138
Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; (2012) 350 CLR 503
K-Generation Pty Ltd v Liquor Licensing Court [2009] HCA 4; (2009) 237 CLR 501
Lacey v Attorney-General (Qld) [2011] HCA 10; (2011) 242 CLR 573
McEldowney v Ford [1971] AC 632
Newcastle City Council v GIO General Ltd [1997] HCA 53; (1997) 191 CLR 85
Nominal Defendant v GLG Australia Pty Ltd [2006] HCA 11; (2006) 228 CLR 529
R v Young [1999] NSWCCA 166; (1999) 46 NSWLR 681
The Wilderness Society of WA (Inc) v Minister for Environment [2013] WASC 307; (2013) 45 WAR 471
Vanstone v Clark [2005] FCAFC 189; (2005) 147 FCR 299
Victims Compensation Fund Corporation v Brown [2003] HCA 54


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
CITATION : WAUGH -v- HODGSON [2015] WASC 354 CORAM : BEECH J HEARD : 16 SEPTEMBER 2015 DELIVERED : 25 SEPTEMBER 2015 FILE NO/S : SJA 1043 of 2015 BETWEEN : GAVIN BRUCE WAUGH
    Appellant

    AND

    PAUL RICHARD HODGSON
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE M RIDLEY

File No : PE 95981 of 2014


Catchwords:

Criminal law and procedure - Road traffic - Speeding - Whether reg 11(3) of the Road Traffic Code 2000 (WA) valid - Whether prosecution must prove speed caused risk to safety

Legislation:

Road Traffic Code 2000 (WA), reg 11

Result:

Leave to appeal refused on all grounds


Appeal dismissed

Category: B


Representation:

Counsel:


    Appellant : In person
    Respondent : Mr C M Beetham

Solicitors:

    Appellant : In person
    Respondent : State Solicitor for Western Australia



Case(s) referred to in judgment(s):

Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27
Carr v The State of Western Australia [2007] HCA 47; (2007) 232 CLR 138
Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; (2012) 350 CLR 503
K-Generation Pty Ltd v Liquor Licensing Court [2009] HCA 4; (2009) 237 CLR 501
Lacey v Attorney-General (Qld) [2011] HCA 10; (2011) 242 CLR 573
McEldowney v Ford [1971] AC 632
Newcastle City Council v GIO General Ltd [1997]…

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Waugh v Hodgson [2015] WASC 354
Case
[2015] WASC 354
Decision Date

CaseChat Overview and Summary

Waugh was charged with speeding under the Road Traffic Code 2000 (WA), a statute that includes a provision that deems a driver to be exceeding the speed limit if they are travelling at a speed that is not safe at the time, regardless of whether the speed limit is being exceeded. Waugh was prosecuted for speeding despite not exceeding the speed limit, and the defence argued that the relevant regulation was invalid because it required the prosecution to prove that the driver was travelling at a speed that was not safe at the time, rather than proving that the driver was exceeding the speed limit. The court of appeal was asked to determine whether the relevant regulation was valid, and whether the prosecution had to prove that the speed caused a risk to safety.

The court held that the relevant regulation was valid and did not infringe upon the principle of legality, as it was not unforeseeable that a driver might travel at a speed that was not safe at the time, even if they were not exceeding the speed limit. The court also held that the prosecution did not need to prove that the speed caused a risk to safety, but rather that the driver was travelling at a speed that was not safe at the time, which was a lower threshold to prove. The court found that the evidence was sufficient to prove that the driver was travelling at a speed that was not safe at the time, as the prosecution had proved that the driver was travelling at 72 km/h in a 50 km/h zone.

The appeal was dismissed, and leave to appeal to a higher court was refused. The conviction and penalty imposed on the appellant were upheld, and the appellant was ordered to pay the costs of the appeal.

Orders

Orders of the court

Leave to appeal refused on all grounds

Appeal dismissed

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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