R v Sutton [2021] NSWDC 640

District Court New South Wales

Medium Neutral Citation: R v Sutton [2021] NSWDC 640 Hearing dates: 19 November 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 42 Catchwords: SENTENCE – severity appeal – roads and traffic offence – use of mobile phone while driving – where offence occurred during 'good behaviour' licence conditions – whether Conditional Release Order should be made Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 10 Road Rules 2014 (NSW) s 300 Cases Cited: Re Attorney-General's Application under s 37 Crimes (Sentencing Procedure) Act (No.3 of 2002) (2004) 61 NSWLR 305 Category: Sentence Parties: Road Transport for NSW (prosecutor) Peter Sutton (appellant) Representation: Counsel: Mr A Liashenko (solicitor advocate) for Road Transport for NSW Ms S Marinovic (solicitor advocate) for the appellant

Solicitors: Ainsley Law for the appellant File Number(s): 2021/00203192 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Criminal Citation: No reported Date of Decision: 13 October 2021 Before: Mijovich LCM File Number(s): 2021/00203192

Judgment

BACKGROUND 1. On 13 October 2021, the appellant was sentenced by the Penrith Local Court for the offence that on 24 March 2021 at about 7:42pm at Rouse Hill, he drove his motor vehicle whilst using a mobile phone, contrary to s 300 of the Road Rules 2014 (NSW). After a plea of guilt was entered, the learned Magistrate imposed a $500 fine. The appellant appeals the severity of that penalty. 2. The maximum penalty for this offence was a $2,200 fine.