Chow v R [2015] NSWDC 110

Chow v R [2015] NSWDC 110

The appeal was dismissed because, even accepting evidence that lane one was partially obstructed, the appellant and his witness admitted there was room for a car to move in front of the truck and turn left from lane one. The law required drivers to move from lane two into lane one before making the left turn, and the conviction for turning left from the middle lane was lawfully and properly recorded.

Jurisdiction
Australia
Judgment Date
11 March 2015
Procedural Posture
Criminal Appeal / Appeal From Conviction Recorded in the Local Court
Outcome
Appeal dismissed
Legal Topics
['left Turn From Multi Lane Road' 'traffic Offence' 'conviction Appeal' 'obstructed Lane']
['criminal Law' 'traffic Law'] ['left Turn From Multi Lane Road' 'traffic Offence' 'conviction Appeal' 'obstructed Lane']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction Recorded in the Local Court

Legal Issues

  1. 1 ['Whether the appellant turned left from Quay Street onto Ultimo Road otherwise than from the left hand lane of a multi-lane road contrary to s 28(1) of the Road Rules 2008.' 'Whether the partial obstruction of the left hand lane by construction works or a truck meant the appellant was not required to move into lane one before turning left.' 'Whether the conviction was lawfully and properly recorded.']

Ratio Decidendi

The appeal was dismissed because, even accepting evidence that lane one was partially obstructed, the appellant and his witness admitted there was room for a car to move in front of the truck and turn left from lane one. The law required drivers to move from lane two into lane one before making the left turn, and the conviction for turning left from the middle lane was lawfully and properly recorded.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.']