The appellant appealed a conviction for stunt driving imposed by a Justice of the Peace.
The appellant challenged the use of a BEE III radar device, arguing that the officer's positioning on the shoulder of the highway violated the device's manual instructions.
The court rejected this interpretation, finding that the BEE III could lawfully monitor traffic from a stationary position on the shoulder.
However, the court found the sentencing approach unfair, as the defendant was not given an opportunity to make submissions on the penalty before the fine was imposed.
The conviction was upheld but the fine was reduced from $3,000 to $800 with 12 months to pay.
