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Mr Morris convicted of speeding: Rinaudo CM. It was common ground that Mr Morris was not the driver of the vehicle at the relevant time. However, as the person in control of the vehicle, he was nevertheless ‘taken to have committed the offence’ by s 114(1) of the Transport Operations (Road Use Management) Act 1995 (Qld) ('TORUM Act').
Appeal Determined (QCA)
[2015] QCA 112
23 Jun 2015
Case stated removed into Court of Appeal; TORUM Act s 114(1) not unconstitutional on account of infringing Kable principle; provision does not require court to find fiction as fact; criminal responsibility under s 114(1) not dependent on factual finding that person in control of vehicle was driver: Holmes, Gotterson and Morrison JJA.
Appeal Status
Appeal Determined (QCA)
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