Marthea Hoon’s Beaconsfield roundabout crash returned to court after appeal
A Mackay woman is claiming her trial was not ‘conducted fairly’ after a magistrate ruled her guilty of causing a crash at a busy intersection.
Mackay
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A woman who allegedly caused a crash at a roundabout is challenging her conviction.
Marthea Hoon was driving on Golf Links Rd, Beaconsfield on June 17, 2024 and entered a four way roundabout.
She told police she saw a vehicle towing a trailer turning right, giving her the opportunity to drive, but she collided with a ute on the inside lane.
Ms Hoon was charged with failing to give way when entering or driving on a roundabout and she pleaded not guilty.
On February 17, 2025 Ms Hoon was ruled guilty in the Mackay Magistrates Court — after representing herself in trial — and fined $600 with no convictions recorded.
She appealed the decision and said the “magistrate failed to ensure the trial was conducted fairly”.
The appeal was referred to district judge Michael Byrne who said the matter was an example of the difficulties faced by “judicial officers” in hearings “involving unrepresented litigants”.
“The difficulties are exponentiated by the fact that this was heard in a busy Magistrates Court list,” Judge Byrne said.
Ms Hoon said a witness admitted to police at the scene they saw a vehicle towing a trailer on the roundabout.
She asked to play police worn body camera footage to prove the witnesses “prior inconsistent statement” but the magistrate refused.
Judge Byrne ultimately allowed the appeal and ordered the matter be returned to the Mackay Magistrates Court for rehearing.
“While I find there were errors justifying a re-hearing, I am not personally critical of the Magistrate,” Judge Byrne said.
“Notwithstanding these errors, the case against the appellant has its strengths, based simply on the fact of the collision on the roundabout.”