Markovic v R (No. 1) [2022] NSWDC 353

District Court New South Wales

Medium Neutral Citation: Markovic v R (No. 1) [2022] NSWDC 353 Hearing dates: 11 August 2022 Date of orders: 11 August 2022 Decision date: 11 August 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: The application is incompetent and therefore refused Catchwords: APPEALS — Jurisdiction of appellate court — District Court CRIME — Appeal and review — Appeal from Local Court to District Court Legislation Cited: Crimes (Appeal and Review) Act 2001 District Court Act 1973 Road Transport Act 2013 Category: Principal judgment Parties: Duro George Markovic (Appellant) Director of Public Prosecutions (NSW) (Respondent) Representation: Sasha Milanovic (counsel for the Appellant)

Stephen Makin (solicitor for the Respondent (ODPP)) File Number(s): 2020/00337582

REVISED EX TEMPORE JUDGEMENT

Introduction 1. This is the judgement in the application made by way of court file 2020/00337582. 2. Duro George Markovic was convicted after a hearing on 22 April 2021 in the Local Court at Manly of an offence of driving whilst disqualified on 27 November 2020 contrary to s 54(1)(a) Road Transport Act 2013. The maximum penalty specified for the offence is imprisonment for six months, with a fine of $3,300, and an automatic period of disqualification of six months that might be reduced to three months in the discretion of the Court. 3. The magistrate had the applicant enter a Community Corrections order from 22 April 2021 for 12 months, accompanied by a fine of $1,100 with a disqualification of six months. An appeal was lodged on the same day, 22 April 2021. A stay was granted.