(2010) JELR 80186 (QDC)    
Queensland District Court  ·  FILE: 133/2009 ·  21 May 2010 ·  Australia
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[2010] QDC 275
Dearden DCJ.
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learned magistrate
criminal code
matter of law
mistaken belief
mistake of law
queensland transport
anita nicole lee
arresting officer
average person
case section
conduct of an employee of fisheries wa
course of the trial
dearden dcj
defence run
department of justice
disqualified driving charge
drivers licence
incorrect information
legal status
official government body
point of the learned magistrate
purpose of a random licence check
queensland police service
queensland transport department employee
queensland transport records
question of law
reasonable doubt
reasonable mistaken belief of fact
reasonable mistake of fact
recording device
respect of the trial
section numbering of that code
sections of the criminal code
successful application
transcript of that hearing
vernacular reference

DEARDEN DCJ (Reading the lead judgment): This is an appeal by the appellant, Anita Nicole Lee, against the Queensland Police Service, arising out of a conviction before the learned Magistrate at Beenleigh, for an offence of disqualified driving. The trial occurred on the 15th of September 2009, and the decision was reserved on 24 September 2009. The learned Magistrate found the appellant guilty, fined her the sum of $950, and disqualified her from holding or obtaining a driver's licence for a period of two years.

The factual scenario in which this appeal arises is not essentially in dispute. On the 27th of April 2009 at around 8.30, the appellant was stopped for the purpose of a random licence check. She produced a Queensland Driver's Licence in her name, which had been issued by Queensland Transport on 23 March 2009, and she was also able to produce a receipt for that licence. Both items were tendered during the course of the trial.

Although a recording device which police activated at…

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