NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Bilal Masri v R [2021] NSWDC 305 Hearing dates: 24 June 2021 Date of orders: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Criminal Before: Hatzistergos AM DCJ Decision: Appeal allowed Conviction and sentence set aside Judgment of acquittal entered Catchwords: CONVICTION APPEAL –– Driving whilst suspended -Defence of honest and reasonable mistake raised but did not need to be determined - notice of suspension invalid - Insufficient notice period by one day due to the intervening weekend following posting - Failure of notice to comply with mandatory 28 day notice period - Crown unable to establish that the Appellant's licence was suspended when driving. Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 18 Road Transport Act 2013 (NSW), ss 39, 40, 54, 257 Interpretation Act 1987 (NSW), s 9 Road Transport (Driver Licensing) Regulation 2017 (NSW), clause 69 Road Transport (General) Regulation 2013 (NSW), clause 6 Category: Principal judgment Parties: Bilal Masri (Appellant) Regina (Crown) Representation: Appearances: Mr E Khouzame Solicitor (Appellant) Ms M Welch Solicitor (Respondent)
Solicitors: Senses Legal (Appellant) The Office of the Director of Public Prosecutions (Respondent) File Number(s): 2020/00101124001 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of NSW Jurisdiction: Criminal Date of Decision: 13 April 2021 Before: M Price ALCM File Number(s): 777172135
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