Appeal against Justices of the Peace — assessment of evidence — operating a vehicle on a road without displaying current evidence of vehicle inspection — warrant of fitness — Criminal Procedure Act 2011, s 232 — Land Transport Act 1998, s 34(1)(b) — R v de Montalk CA 157-03, 7 March 2005. The appellant appealed a finding of Justices of the Peace (JPs) that he had operated a vehicle without displaying a warrant of fitness. He argued that the JPs had failed to properly assess the evidence that he had presented at the hearing. The charge related to a car without a warrant of fitness, that was seen parked on the side of a road. The appellant admitted to having moved the car, which belonged to another person, off the appellant's property and onto the side of road. He said that he had had to do so to gain proper access to his property. The Court found that the appellant's explanation showed an almost complete absence of fault, and was therefore a defence to the strict liability offence. The JPs had not fully assessed the evidence, and therefore a miscarriage of justice may have occurred. The appeal was allowed and the Court directed that the appellant be acquitted. Judgment Date: 13 January 2021. * * * Note: names have been changed to comply with legal requirements. * * *