Whittaker v Turner

Whittaker was convicted in the Magistrates Court of exceeding the speed limit. The defendant appealed to the District Court, arguing that the police officer could not have taken the radar reading in the time available. The Magistrate had accepted the police officer's evidence that they did operate the radar, and the District Court judge also accepted this. The defendant applied to the Supreme Court for leave to appeal against the decision of the District Court.

The legal issue before the Supreme Court was whether the defendant could demonstrate reasons to doubt the conclusion of the District Court judge. The defendant argued that there were factual errors in the District Court's decision, and that the Court had not properly considered all of the evidence. The defendant also argued that the District Court judge had erred in law by not considering the effect of the time constraints on the ability of the police officer to operate the radar.

The Supreme Court held that the defendant had not demonstrated any factual errors in the District Court's decision, and that the Court had properly considered all of the evidence. The Supreme Court also held that the District Court judge had properly considered the effect of the time constraints on the ability of the police officer to operate the radar. The Supreme Court held that there were no grounds for the defendant to appeal, and refused the application for leave to appeal.