R v Chan [2022] NSWDC 260

District Court New South Wales

Medium Neutral Citation: R v Chan [2022] NSWDC 260 Hearing dates: 21 June 2022 Date of orders: 13 July 2022 Decision date: 13 July 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) The matter is listed for mention before me on Wednesday 17 August 2022 at 9.30am. Catchwords: CRIME — Appeals — Appeal against conviction Legislation Cited: Crimes (Appeal and Review) Act 2001 Cases Cited: AG v Director of Public Prosecutions [2015] NSWCA 218 Charara v R [2006] NSWCCA 244 Fox v Percy (2003) 214 CLR 118 Gianoutsas v Glykis [2006] NSWCCA 137 Lumney v Director of Public Prosecutions [2021] NSWCA 186 McNab v Director of Public Prosecutions [2021] NSWCA 298 Category: Consequential orders Parties: Director of Public Prosecutions (Prosecutor) David Chan (Appellant) Representation: Solicitors: ODPP (Prosecutor) Appellant – self represented File Number(s): 2021/12196 Publication restriction: None

Judgment 1. On 5 November 2021, David Chan (the appellant) was convicted of an offence of "Disobey a No Stopping Sign" at the Downing Centre Local Court. The magistrate fined him the sum of $880. The appellant appeals as of right against the conviction. 2. At about 7.50pm on 31 October 2020, the appellant was driving a white Honda Odyssey motor vehicle that stopped outside the Dolphin Hotel in Crown Street, adjacent to a "No Stopping" sign. At the time, he was working as a ride share driver. He was approached by Senior Constable Windon (the officer) who spoke to him and took a photograph of the vehicle in the relevant location. Whilst the officer was speaking to the appellant, two ride share passengers got into the vehicle. The officer's version of the offence was that the appellant had stopped his vehicle in the no stopping zone, prior to the officer approaching him. The appellant's version was that the officer required him to stop in the location that he did, and that prior to the officer approaching him, his vehicle had been going forward slowly while he was trying to locate where he had to pick up his passengers from. 3. The appellant represented himself before the magistrate and on appeal.