Monk v R [2022] NSWDC 44

District Court New South Wales

Medium Neutral Citation: Monk v R [2022] NSWDC 44 Hearing dates: 01 February 2022 Date of orders: 01 February 2022 Decision date: 01 February 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: (1) Allow the appeals (2) In respect of sequence 007, confirm the conviction, fine and disqualification period (3) In respect of sequence 006, order the sentence be served by way of intensive correction order to commence from today Catchwords: CRIME — Driving offences — Negligent driving occasioning death Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Road Transport Act 2013 Category: Principal judgment Parties: David Bradley Monk (Appellant) Regina (Respondent) Representation: Michael Smith (counsel for the Appellant) James Staples (solicitor for the Respondent)

McGirr & Associates (Appellant) Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2020/00206368 Decision under appeal Court or tribunal: Sydney Local Court Jurisdiction: Criminal Date of Decision: 24 November 2021 Before: Kennedy LCM File Number(s): 2020/00206368

REVISED EX TEMPORE JUDGEMENT

INTRODUCTION 1. The appellant David Bradley Monk appealed from sentences imposed by a Magistrate from the Local Court on 24 November 2021 in Sydney. There were three offences, one of them driving across dividing lines to perform a U-turn. In respect of that matter, the Magistrate convicted the appellant but imposed no penalty employing s 10A Crimes (Sentencing Procedure) Act 1999. That appeal is not pursued and is abandoned; I, therefore, confirm the orders of the Magistrate in respect of that offence.