Chandler v Transport for New South Wales

[2023] NSWCA 6

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and review
3. › Judicial review
4. › Appeal from Local Court to District Court
5. › District Court dismissed appeal
6. › Whether decision affected by jurisdictional error
7. › Crimes (Appeal and Review) Act 2001 (NSW), ss 11(1), 18(1)
8. › District Court Act 1973 (NSW), s 176
1. Evidence
2. › Photographic evidence
3. › Use of photographs to make findings of fact
4. › Whether photographs alone can provide sufficient evidentiary basis for finding of fact
5. › Whether expert or technical evidence required to identify object in photograph
1. Criminal Law
2. › Onus of proof
3. › Whether District Court reversed onus of proof
4. › Consideration and rejection of accused's evidence
5. › Whether rejection of alternative explanations constitutes reversal of onus

Quick Take

Photographic evidence from traffic enforcement devices can alone be sufficient to prove the object held was a mobile phone, without need for expert or technical evidence in mobile phone use charges.