Gooley v Senior Constable Chad Stewart [2018] NSWSC 1738

Supreme Court New South Wales

Medium Neutral Citation: Gooley v Senior Constable Chad Stewart [2018] NSWSC 1738 Hearing dates: 25 July 2018 Decision date: 16 November 2018 Jurisdiction: Common Law Before: Button J Decision: (1) Leave to appeal granted. (2) Appeal dismissed. (3) The plaintiff in this Court, Mr Brett Raymond Gooley, must pay the costs of the defendant in this Court, Senior Constable Chad Stewart. Catchwords: CRIMINAL LAW – appeal from Local Court – offence of exceeding speed limit by more than 10 kilometres per hour – defendant requested further information about speed measuring device for expert report – magistrate held no power under s 28 of the Local Court Act 2007 (NSW) to order further information – even if power existed, magistrate refused to exercise discretion in circumstances –available alternatives to gather information – whether s 28 means that magistrate can utilise discretion to order more information – whether magistrate's exercise of discretion unjust or unreasonable – consideration of ss 140 and 141 Road Transport Act 2013 (NSW) – ability of defendant to rebut the presumption of accuracy of speed measuring device – no error in exercise of discretion – appeal dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Local Court Act 2007 (NSW) Road Rules 2014 (NSW) Road Transport Act 2013 (NSW) Road Transport (General) Regulation 2013 NSW) Cases Cited: Dao v R [2011] NSWCCA 63; (2011) 81 NSWLR 568 House v King (1936) 555 CLR 499; [1936] HCA 40 Johnston v Nationwide News Pty Ltd [2005] NSWCA 17; (2005) 62 NSWLR 309 NH v Director of Public Prosecutions (SA) [2016] HCA 33, (2016) 260 CLR 546 Queanbeyan City Council v Environment Protection Authority [2011] NSWCCA 108 R v Bozatsis and Spanakakis (1997) 97 A Crim R 296 R v Matthews [2018] NSWCCA 7 Salisbury v Local Court of New South Wales & Anor [2016] NSWSC 1082 Category: Principal judgment Parties: Brett Raymond Gooley (Plaintiff) Senior Constable Chad Stewart (Defendant) Representation: Counsel: E Peden & P McDonald (Plaintiff)