Chand v Rhule [2009] QDC 87

1-1 [2009] QDC 87 DISTRICT COURT APPELLATE JURISDICTION SENIOR JUDGE TRAFFORD-WALKER Appeal No 3224 of 2008 NAREND CHAND Appellant and JOHN PAUL RHULE Respondent BRISBANE ..DATE 06/04/2009 ORDER -- 1 of 2 -- 1-2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: It is unfortunate the way the matter was litigated. I've considered the submissions and in the circumstances I have come to the conclusion that we can't re- open the matter here to allow in the fresh evidence. Looking then at the material that was placed before the Magistrate, the Magistrate sentenced on the basis that the lights had been red for some time as the appellant was approaching the intersection, that it showed a substantial, not just a momentary inattention and in those circumstances he increased the period of disqualification. Whereas others might have taken a slightly different view it would be regarded as tinkering on my part, which is not permitted, and in the circumstances I can't see a basis upon which the disqualification is manifestly excessive. In the circumstances the appeal is dismissed. ----- -- 2 of 2 --