Published 18 April 2023
Appeal against conviction — appeal from Justice of the Peace — failing to provide address — homelessness — “address” — miscarriage of justice — Land Transport Act 1998, ss 52A & 114 — Criminal Procedure Act 2011, ss 230 & 232 — Mitchell v Police HC WGTN AP244/95, 22 November 1995. The appellant appealed his conviction by a Justice of the Peace, for failing to provide an address. He had been stopped by police for speeding, and had declined to provide an address, saying that he didn't have one. The appellant had in fact been living out of his car at the time, and he argued that this meant that the Justice of the Peace had been wrong on law to convict him. The Court agreed that the Justice of the Peace's conviction of the appellant rested on a misinterpretation of case law. The Mitchell case did not establish that the appellant had been obligated to provide any address where an infringement notice could be posted to him. The effect of the respondent's argument that any motorist must provide an address on demand would be that a homeless person would not be allowed to drive on a road. The Court found that this could not be correct. Also, the relevant provision of the Land Transport Act did not require that an address be given on demand, as long as the driver provided some form of contact details. The appeal was allowed, and the appellant was acquitted. Judgment Date: 16 June 2022
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