Roads and Traffic Authority of New South Wales v Baldock [2007] NSWCCA 35

Reported Decision: 168 A Crim R 566

New South Wales Court of Criminal Appeal

CITATION: Roads and Traffic Authority of New South Wales v Baldock [2007] NSWCCA 35

HEARING DATE(S): 2 February 2007

JUDGMENT DATE: 21 February 2007

JUDGMENT OF: Spigelman CJ at 1; Bell J at 57; Howie J at 58

DECISION: 1 The questions on the stated case are to be answered as follows; a) Yes; b) Yes; c) Unnecessary to Answer; d) Yes; 2 The Appellant pay the Respondent's costs.

CATCHWORDS: TRAFFIC LAW – offences – proof of speed – speed measuring devices – photographic evidence of speeding offence – accuracy – evidence to the contrary

Australian Road Rules; rule 20 Crimes (Local Courts Appeal and Review) Act 2001; Pt 3 Criminal Appeal Act 1912; s5B Interpretation Act 1987; s33 LEGISLATION CITED: Motor Traffic (Radar Detected Offences) Amended Act 1987 Road Transport (Safety and Traffic Management) Act 1999; s3(c), 27(3)(b), s44(1), s45(1), s45(2), s46, s47 Suitors' Fund Act 1951 Traffic Act 1909; s4AB, s4AC Traffic (Photographic Evidence) Amendment Act 1990

Charara v The Queen [2006] NSWCCA 244 CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384 Di Natale v Kelly [2006] NSWCCA 201 Director of Public Prosecutions v Cummings [2006] VSC 327 Gianoutsos v Glykis (2006) 162 A Crim R 64 CASES CITED: Newcastle City Council v GIO General Limited (1997) 191 CLR 85 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 R v Lavender [2005] 222 CLR 67 Re Bolton; ex parte Beane (1987) 162 CLR 514 Roads and Traffic Authority (NSW) v Michell [2006] NSWSC 194 Roads and Traffic Authority (NSW) v Nichols [2005] NSWSC 946 Waugh v Kippen (1986) 160 CLR 156