As reported by the Courier Mail, prominent Queensland Barrister Tony Morris QC today lost his Court of Appeal challenge to a speeding ticket.
Mr Morris stated that he was not the driver, and that he was not obliged to nominate the actual driver, on the grounds of ‘Spousal Privilege’.
Spousal Privilege is the now defunct right to protect one’s spouse from incrimination.
Mr Morris also submitted that the ticket was unconstitutional.
Wiseman Lawyers Principal Solicitor Andrew Wiseman discussed the law on Spousal Immunity on 4BC with Ben Davis on 8 April 2015, back when the appeal was lodged.
Feel free to listen to Andrew’s April 4BC interview on the matter below.
Back in April, Andrew highlighted the fact that Spousal Privilege had been dispensed with by the High Court back in 2011, and that any argument of unconstitutionality was moot, given the Constitution binds the Federal Government only, and not the States.
It remains to be seen whether Mr Morris will appeal further to the High Court.
Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.
Regards
Andrew Wiseman, Wiseman Lawyers
Ph: 1300 947 352
andrew.wiseman@wisemanlawyers.com.au
Why not check out the following epsiodes of our YouTube show 'Wiseman Lawyers Ride Alongs':
- Careless Driving | Rockhampton Magistrates Court
- Unlicensed Driving | Normanton Magistrates Court
- Drink Driving | Blackwater Magistrates Court
Queenslanders charged with DUI Drink Driving, Drug Driving or Fail To Provide Specimen face a maximum penalty of a lifetime driver’s licence disqualification, 9 months imprisonment and 28 penalty units.
Persons charged with Careless Driving (Drive Without Due Care & Attention) face a maximum penalty of a lifetime driver’s licence disqualification, 6 months imprisonment and 40 penalty units.
Queenslanders charged with Dangerous Driving, which is a Criminal offence, face a maximum penalty, depending upon the circumstances of aggravation, of 5 years imprisonment, 200 penalty units and a lifetime driver’s licence disqualification.
Persons charged with Disqualified Driving face a maximum penalty of a lifetime driver’s licence disqualification, 12 months imprisonment and 40 penalty units.
Queenslanders charged with Evade Police a maximum penalty of 3 years imprisonment, 200 penalty units and a lifetime licence disqualification.
Persons charged with Repeat DUI Drink Driving, Repeat Drug Driving, Repeat Fail To Provide Specimen, or a Repeat combination of these offences, face a maximum penalty of a lifetime driver’s licence disqualification, 18 months imprisonment and 60 penalty units.
A penalty unit in Queensland is currently worth $113.85.
In addition to the above penalties, anyone who pleads or is found guilty in the Magistrates Court must pay the Offender Levy, which is presently worth $110.90.
Magistrates have a general power to impose up to a lifetime driver’s licence disqualification, above and beyond any legislated disqualification ranges.
Wiseman Lawyers specialise in DUI Drink Driving, Drug Driving, Careless & Dangerous Driving, Evade Police and Drug, Alcohol & Traffic offences.