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Appeal to District Court against conviction in Magistrates Court for being in charge of a motor vehicle on a vacant block whilst under the influence of liquor or a drug; convicted and fined the sum of $720 in default 12 days imprisonment; Magistrate was entitled in those circumstances to find that the appellant was “in charge” of the vehicle; appeal dismissed: Dearden DCJ.
Appeal Determined (QCA)
[2008] QCA 393 [2009] 1 Qd R 324; (2008) 51 MVR 463; (2008) 191 A Crim R 401
09 Dec 2008
Leave to appeal granted and appeal allowed setting aside dismissal of appeal to District Court and instead ordering appeal be allowed entering verdict of not guilty on convictions in Magistrates Court; convicted of DUI; s 79(6) Transport Operations (Road Use Management) Act obliged the magistrate to refrain from convicting the applicant: McMurdo P, Fraser JA and McMeekin J.
Appeal Status
Appeal Determined (QCA)
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