Hart V Rankin Case Summary

518 Words3 Pages
Hart v Rankin(1977) ( case summary ) * Decided by Burt CJ * The appellant had driven a motor vehicle while not being in possession of a valid driving license in accordance of S49(1)(a) of the Road Traffic Act 1974 – 1978 * He pleaded guilty * On the facts , between 4.30pm and 6.30am , where on the last occasion , he steered his car while his car was being towed * Upon being convicted , he appealed on the grounds that the car was not at that time a motor vehicle in the context of the Act. * He was sentenced to 12 months imprisonment for all three charges and it was to run cumulatively , and he appealed that the sentences not be served cumulatively. ( APPEAL ) * Upon the appeal , Burt CJ stated how Section 49 of the Aboriginal Affairs Act requires that a plea of guilty entered by a person of Aboriginal descent be not admitted where the court is satisfied that he alleged or was not capable of understanding that plea of guilty.…show more content…
* (2) The next ground of appeal was the fact that the appellant states that the vehicle he was driving was NOT a motor vehicle. The definition of a motor vehicle was defined under the Road Traffic Act to mean any self- propelled

More about Hart V Rankin Case Summary

Open Document