Kemp v Walker [2013] NSWSC 962

Supreme Court New South Wales

Medium Neutral Citation: Kemp v Walker [2013] NSWSC 962 Hearing dates: 12 July 2013 Decision date: 18 July 2013 Jurisdiction: Common Law Before: Schmidt J Decision: The prosecutor established a prima facie case that Robert John Walker had committed the offence alleged and accordingly the orders sought under s 246 of the Criminal Procedure Act were made. Catchwords: CRIMINAL LAW - procedure --prosecution - offence alleged under s 56(1) of the Road Transport (General) Act 2005 - s 178 of the Road Transport (General) Act 2005 - s 246 of the Criminal Procedure Act 1986 - prima facie case established - orders made Legislation Cited: Criminal Procedure Act 1986 Road Transport (General) Act 2005 Road Transport (Mass, Loading and Access) Regulation 2005 Category: Procedural and other rulings Parties: Peter Stewart Kemp (Prosecutor) Robert John Walker (Defendant) Representation: Solicitors: Ms A Bonnar I.V. Knight, Crown Solicitor (Prosecutor) No appearance for the Defendant File Number(s): 2013/212107 Publication restriction: None

Judgment 1These proceedings were commenced by summons filed by the prosecutor, Peter Stewart Kemp, on 12 July 2013. Thereby an order under s 246 of the Criminal Procedure Act 1986 that the defendant, Robert John Walker, be brought before a judge of this Court to answer a charge under s 56(1) of the Road Transport (General) Act 2005 was sought. 2The prosecutor, a senior investigator in the Investigation and Enforcement Unit of the Roads and Maritime Services (RMS), relied on an affidavit he had sworn on 11 July 2013, to which was annexed various documents, to support the application. 3When the proceedings came before me, sitting as duty judge, on 12 July 2013, I made orders in terms sought in the summons. My reasons for making those orders follow.