Roads and Traffic Authority of New South Wales v Timothy Adam Michell [2006] NSWSC 194

New South Wales Supreme Court

CITATION : Roads and Traffic Authority of New South Wales v Timothy Adam Michell [2006] NSWSC 194

HEARING DATE(S) : 22/03/06

JUDGMENT DATE : 22 March 2006

JUDGMENT OF : Adams J at 1

EX TEMPORE JUDGMENT DATE : 03/22/2006

DECISION : Appeal dismissed with costs.

CATCHWORDS : Speed camera - digital speed noted on photograph - no verification no. on photograph - no evidence to suggest speed noted on photograph wrong - Magistrate not bound to convict.

Road Transport (General) Act 1999 LEGISLATION CITED : Road Transport (Safety and Traffic Management) Act 1999 Evidence Act 1995

PARTIES : Plaintiff: Roads and Traffic Authority of New South Wales Defendant: Timothy Adam Michell

FILE NUMBER(S) : SC 10605/06

COUNSEL : Plaintiff: Mr S Rushton SC, Mr T Lynch Defendant: Mr M Thangaraj

SOLICITORS : Plaintiff: Mr B.K. Hearnden - Hunt and Hunt lawyers Defendant: Mr D. Miralis - Nyman Gibson Stewart

LOWER COURT JURISDICTION : Local Court

LOWER COURT JUDICIAL OFFICER : Mr Still LCM

1 - - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ADAMS J

22 March 2006

10605/06 - ROADS & TRAFFIC AUTHORITY OF NEW SOUTH WALES v TIMOTHY ADAM MICHELL.

JUDGMENT

1 HIS HONOUR:: This is yet another appeal arising from the interpretation of the Road Transport (General) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999.

2 In the present context, it is clear that the legislation attempts to strike a balance between evidence which, for all practical purposes, any reasonable person would accept gives rise to a reasonable level of certainty about particular facts and yet gives to a defendant an opportunity to test that assumption and in a particular case show that the assumption ought not to lead to an adverse decision in a context where the test of guilt is proof beyond reasonable doubt.