Marks v Sly [1982] FCA 128

Marks v Sly [1982] FCA 128

It is an offence under s.190A(1)(c) of the Motor Traffic Ordinance 1950 for a motorcyclist to ride on a public street without wearing a safety helmet, regardless of any alleged police permission or grounds of assembly, and the appellant's conduct satisfied the elements of the offence; no error in law was demonstrated and no relevant ground of appeal was established.

Parties
Appellant: Joseph Toni Marks; Respondent: Brian Dalzel Sly
Jurisdiction
Australia
Judgment Date
28 May 1982
Procedural Posture
Appeal / Judgment (final Disposition)
Outcome
Appeal dismissed with costs
Legal Topics
Motorcyclist Safety Helmet Requirements, Conviction Appeals, Penalty Assessment, Bias Allegations
Traffic Law Criminal Law Motorcyclist Safety Helmet Requirements Conviction Appeals Penalty Assessment Bias Allegations

Case Brief

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Parties

Joseph Toni Marks

Appellant

Brian Dalzel Sly

Respondent

Procedural Posture

Appeal / Judgment (final Disposition)

Legal Issues

  1. 1 Whether it is an offence not to wear a safety helmet when riding a motorcycle on a public street as defined by s.190A(1)(c) of the Motor Traffic Ordinance 1950
  2. 2 Whether permission from police to not wear a helmet is legally relevant
  3. 3 Whether the style, type, or manner of wearing a helmet is prescribed by law

Ratio Decidendi

It is an offence under s.190A(1)(c) of the Motor Traffic Ordinance 1950 for a motorcyclist to ride on a public street without wearing a safety helmet, regardless of any alleged police permission or grounds of assembly, and the appellant's conduct satisfied the elements of the offence; no error in law was demonstrated and no relevant ground of appeal was established.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.