Queensland Judgments
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Whittaker v Turner
[2004] QCA 191 (03/0402) Brisb McMurdo P Cullinane J Jones J 2/06/2004 (delivered ex tempore)
Catchwords
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE'S FINDINGS OF FACT – FUNCTIONS OF APPELLATE COURT – IN GENERAL – where applicant convicted in Magistrates Court of exceeding speed limit – where applicant contended that police officer could not have taken radar reading in the time available – where Magistrate accepted evidence to the contrary of police officer operating radar– where District Court judge on appeal reached same conclusion – whether applicant could demonstrate reasons to doubt conclusion – whether leave should be granted to appeal
CRIMINAL LAW – PARTICULAR OFFENCES – DRIVING OFFENCES – PRACTICE AND PROCEDURE – GENERALLY – where applicant convicted in Magistrates Court of exceeding speed limit – whether proceedings were invalid because complaint was sworn by someone without direct personal knowledge of the facts