An actuary who was found guilty of driving while using a hand-held device has appealed her conviction and sentence in the Supreme Court.A lawyer for Catherine Farnsworth claimed the iPod she was wearing when she was stopped by police on Front Street on January 5 was actually a hands-free device that “does not need to be held in the hand at any time to operate it”.Lauren Sadler-Best said the prosecution failed to prove that the device her client was wearing clipped to her jacket while riding her motorcycle was hand-held.She argued the tiny bright pink iPod did not need to be held at all, even to be turned on, but only touched.“There is no evidence that she did hold it at the time or that she needed to,” said the attorney.Ms Sadler-Best argued her client was therefore “not in fact using” the MP3 player, even though she was listening to music on it through a set of headphones.Garrett Byrne, for the Crown, said the legislation on the use of hand-held devices while driving, which was passed in 2010, was clear that “no person shall drive if he is using a hand-held entertainment device”.“The term ‘hand-held’ operates as the adjective to qualify the noun ‘device’,” he said. “It doesn’t speak to the use.”Ms Farnsworth, 30, stood trial at Magistrates’ Court in March, when the court heard she was not speeding, did not appear to be distracted and was not stopped because of the quality of her driving.Magistrate Archibald Warner convicted her of the offence of driving while using a hand-held device, fined her $500 and gave her seven demerit points, the maximum number he could have imposed.Chief Justice Ian Kawaley said during Friday’s hearing: “It does seem to me that there is considerable room for finding that there is some ambiguity here as to precisely what type of use is intended to be prohibited.”He reserved his judgement to a later date.