- Queensland barrister Tony Morris QC loses appeal against $146 speeding fine
- 23/06/2015 Make a Comment (3)
- Contributed by: Vince ( 1 article in 2015 )
Tony Morris, QC, at a previous court hearing over his speeding fine.
Prominent Queensland barrister Tony Morris QC, who contested a $146 speeding fine on the basis he was not behind the wheel, has lost his appeal in the state's highest court.
Tony Morris QC was caught travelling at 57kph in a 50kph zone in Brisbane last year.
But in a highly publicised move, Mr Morris contested the infringement, arguing he should not be found liable because he was not driving at the time.
His legal challenge potentially would have helped countless Queensland motorists get out of speeding fines, but it was lost in the Court of Appeal today.
Mr Morris previously said the landmark legal battle was not about the money but rather the fairness of a law that made every Queensland motorist liable when their vehicle was used to commit an offence.
He challenged the validity of part of the Transport Operations (Road Use Management) Act 1995. [S.114]
It states if the person in charge is not the offending driver, criminal responsibility for the offending will be attributed to two individuals, although only one can be punished.
Mr Morris spent 90 minutes arguing his case during a hearing earlier this month.
During that hearing, the senior barrister representing the Queensland Police Service and the attorney-general argued there was nothing remarkable about the law and people in Mr Morris's situation could fill out a statutory declaration in their defence.
The Court of Appeal found there was no issue with the existing law as steps could be taken to identify the offending driver.
Mr Morris declined to comment on the decision.
View Attorney-General (Qld) v Morris & Anor [2015] QCA 112 judgment
Tony Morris QC was caught travelling at 57kph in a 50kph zone in Brisbane last year.
But in a highly publicised move, Mr Morris contested the infringement, arguing he should not be found liable because he was not driving at the time.
His legal challenge potentially would have helped countless Queensland motorists get out of speeding fines, but it was lost in the Court of Appeal today.
Mr Morris previously said the landmark legal battle was not about the money but rather the fairness of a law that made every Queensland motorist liable when their vehicle was used to commit an offence.
He challenged the validity of part of the Transport Operations (Road Use Management) Act 1995. [S.114]
It states if the person in charge is not the offending driver, criminal responsibility for the offending will be attributed to two individuals, although only one can be punished.
Mr Morris spent 90 minutes arguing his case during a hearing earlier this month.
During that hearing, the senior barrister representing the Queensland Police Service and the attorney-general argued there was nothing remarkable about the law and people in Mr Morris's situation could fill out a statutory declaration in their defence.
The Court of Appeal found there was no issue with the existing law as steps could be taken to identify the offending driver.
Mr Morris declined to comment on the decision.
View Attorney-General (Qld) v Morris & Anor [2015] QCA 112 judgment
Source: https://www.abc.net.au/news/2015-06-23/queensland-barrister-tony-morris-qc-loses-speeding-fine-appeal/6566238
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