R v Laurence [2020] NSWDC 581

District Court New South Wales

Medium Neutral Citation: R v Laurence [2020] NSWDC 581 Hearing dates: 21 July 2020; 2 October 2020 Date of orders: 2 October 2020 Decision date: 02 October 2020 Jurisdiction: Criminal Before: Adams QC ADCJ Decision: Appeal upheld Catchwords: Local Court Appeal - failure to stop at a stop line at a yellow light Legislation Cited: Road Rules 2014 Crimes (Appeal and Review) Act 2001 Category: Principal judgment Parties: Office of the director of Public Prosecutions (Respondent) Nathan Laurence (Appellant) Representation: Solicitors: S Makin; M Gillies (Respondent) J Lewis (Appellant) File Number(s): 2019/00284315 Publication restriction: NONE

Judgment

Introduction 1. Nathan Warwick Laurence ("the appellant") was convicted in the Local Court on 13 February 2020 of an offence, committed on 10 July 2019, of failing to stop at a stop line at a yellow light contrary to s 57(1)(a) of the Road Rules 2014. On 9 March 2020 he appealed to this Court against both conviction and sentence. Section 57(1)(a) is as follows – 57 Stopping for a yellow traffic light or arrow (1) A driver approaching or at traffic lights showing a yellow traffic light must stop — (a) if there is a stop line at or near the traffic lights and the driver can stop safely before reaching the stop line — as near as practicable to, but before reaching, the stop line, or (b) if there is no stop line at or near the traffic lights and the driver can stop safely before reaching the traffic lights — as near as practicable to, but before reaching, the nearest or only traffic lights, or (c) if the traffic lights are at an intersection and the driver cannot stop safely in accordance with paragraph (a) or (b), but can stop safely before entering the intersection — before entering the intersection, and must not proceed past the stop line or nearest or only traffic lights, or into the intersection (as the case may be), until the traffic lights show a green or flashing yellow traffic light or no traffic light. Maximum penalty—20 penalty units. 1. The crucial question in the case was whether the appellant could have stopped safely before reaching the stop line. 2. This appeal is brought under Part 3 of the Crimes (Appeal and Review) Act 2001 which gives a right of appeal to any person who has been convicted or sentenced by the Local Court against conviction or sentence or both. Section 18 of the Act provides that an appeal against conviction is to be by way of rehearing on the basis of evidence given in the Local Court proceedings (subject to an irrelevant exception). This is not a hearing de novo but a rehearing and the question is whether the judge is satisfied beyond reasonable doubt of the guilt of the appellant on the evidence admitted on the hearing of the appeal. It is necessary that the judge form his or her own view of the facts, taking into account the advantage enjoyed by the Magistrate who saw and heard the witnesses. The judge is entitled to consider the reasons of the Magistrate including the resolution of issues of credibility based upon the evidence called in the hearing. 3. In the present appeal, there has been no application to call fresh evidence and the parties have proceeded on the basis of the transcript of evidence, photographs, in car video, technical data of speed/distances and Police Body Worn Video, tendered during the hearing in the Local Court.