Kuipers-Lloyd v Police [2013] SASC 137

In Kuipers-Lloyd v Police [2013] SASC 137 the defendant was convicted of a speeding offence via a speed camera and appealed against the conviction.  The defendant’s notice of appeal advanced several contentions, including compliance with the National Measurements Act 1960 (Cth). 

“The defendant first contended that the Magistrate erred in failing to recognise the proceeding as a civil proceeding.  It was submitted that the elements said to be necessary to constitute a criminal proceeding, including the identification of a relevant mens rea and corpus delicti, were absent.

This submission is wholly without merit. The proceeding was a criminal proceeding and involved the hearing of a charge that the defendant had committed a summary offence against section 79B of the Road Traffic Act 1961 (SA).”

Click to access kuipers-lloyd-v-police-2013-sasc-137.pdf

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