R v Doumit [2023] NSWDC 558

R v Doumit [2023] NSWDC 558

The appellant failed to persuade the Court that he did not know or could not with reasonable diligence ascertain the driver; prosecution evidence and statutory declarations from Mr Saba were prima facie proof; the Magistrate's credit findings were not in error; therefore, the appellant is deemed responsible and the convictions stand.

Parties
Prosecutor: Transport for NSW; Appellant: Pierre Doumit
Jurisdiction
Australia
Judgment Date
13 December 2023
Procedural Posture
Criminal Appeal / Conviction Appeal From Local Court to District Court
Outcome
Appeal dismissed
Legal Topics
Appeal Against Local Court Convictions, Road Traffic Offences, Responsibility for Camera Detected Offences
Criminal Law Road Traffic Appeal Against Local Court Convictions Road Traffic Offences Responsibility for Camera Detected Offences

Case Brief

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Parties

Transport for NSW

Prosecutor

Pierre Doumit

Appellant

Procedural Posture

Criminal Appeal / Conviction Appeal From Local Court to District Court

Legal Issues

  1. 1 Whether the appellant was the driver and therefore liable for the offences
  2. 2 Whether appellant could demonstrate he did not know and could not with reasonable diligence ascertain the identity of the driver under s 187(b) of the Road Transport Act 2013 (NSW)

Ratio Decidendi

The appellant failed to persuade the Court that he did not know or could not with reasonable diligence ascertain the driver; prosecution evidence and statutory declarations from Mr Saba were prima facie proof; the Magistrate's credit findings were not in error; therefore, the appellant is deemed responsible and the convictions stand.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the four convictions is dismissed.