Last week, the Supreme Court delivered its decision in Agar v County Court of Victoria [2010] VSC 506, which was an application for judicial review of a County Court case on appeal from the Magistrates' Court.Mr Agar was accused of speeding, with his alleged speed detected by a Gatsometer MRC System speed camera. (The offence …
Continue reading Agar v Dolheguy & Anor [2010] VSC 506: can't get no satisfaction
In DPP v Angell [2010] VSC 76 the Supreme Court held the Magistrate's Court was wrong to dismiss a charge of driving while suspended contrary to Road Safety Act 1986 s 30.The magistrate dismissed the charge because VicRoads posted a demerit-point option-notice to the wrong address.The accused lived in Thomson Street, Sale. One of the …
Continue reading DPP v Angell [2010] VSC 76: demerit-point notice served by mail
Offences under s 49(1)(f) of the Road Safety Act 1986 are absolute liability offences. The assertion of a claim of honest and reasonable mistake has no effect against such a charge: Skase v Holmes (Unreported, Supreme Court of Victoria, 11 October 1995, Vincent J). In that case, Vincent J aligned drink-driving with the offences of …
Continue reading Drinking & driving – no honest and reasonable mistake
Offences under s 49(1)(f) of the Road Safety Act 1986 are absolute liability offences. The assertion of a claim of honest and reasonable mistake has no effect against such a charge: Skase v Holmes (Unreported, Supreme Court of Victoria, 11 October 1995, Vincent J). In that case, Vincent J aligned drink-driving with the offences of …
Continue reading Drinking & driving – no honest and reasonable mistake
Edit: Elucubrator's post on DPP v Angell [2010] VSC 76 from March 2010 is useful for distinguishing the operation of s 160 from the Road Safety Act's s 25.A couple of people I've spoken with recently have told me they think that s 160 of the new Evidence Act 2008 might affect some claims of …