Appeal of David Keene [2006] NSWDC 73

Appeal of David Keene [2006] NSWDC 73

The conviction for exceeding the speed limit by over 45 km/h was confirmed based on the reliability and corroboration of police evidence and inability of appellant's evidence to raise reasonable doubt, while the conviction for driving under the influence of alcohol was quashed as the prosecution did not prove beyond a reasonable doubt that the appellant was under the influence at the time of driving.

Jurisdiction
Australia
Judgment Date
18 May 2006
Procedural Posture
Criminal Appeal / District Court Appeal Rehearing
Outcome
Conviction for speeding confirmed; conviction for driving under influence quashed.
Legal Topics
['conviction Appeal' 'driving Under the Influence' 'speeding' 'evidence Admissibility' 'listening Devices Act']
['criminal Law'] ['conviction Appeal' 'driving Under the Influence' 'speeding' 'evidence Admissibility' 'listening Devices Act']

Case Brief

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Procedural Posture

Criminal Appeal / District Court Appeal Rehearing

Legal Issues

  1. 1 ['Whether the conviction for driving under the influence of alcohol should stand' 'Whether the conviction for exceeding speed limit by over 45 km/h should stand' 'Admissibility and lawfulness of taped conversations under the Listening Devices Act']

Ratio Decidendi

The conviction for exceeding the speed limit by over 45 km/h was confirmed based on the reliability and corroboration of police evidence and inability of appellant's evidence to raise reasonable doubt, while the conviction for driving under the influence of alcohol was quashed as the prosecution did not prove beyond a reasonable doubt that the appellant was under the influence at the time of driving.

Court Disposition

Conviction for speeding confirmed; conviction for driving under influence quashed.

Orders

  • ['The conviction appeal in respect of the speeding offence is confirmed.' 'The penalty imposed by the learned magistrate is confirmed.' 'The period of disqualification imposed by the learned magistrate is confirmed (and now expired).' 'The conviction in respect of drive under the influence of alcohol is quashed.'...