R v Doumit [2023] NSWDC 558

District Court New South Wales

Medium Neutral Citation: R v Doumit [2023] NSWDC 558 Hearing dates: 13 December 2023 Date of orders: 13 December 2023 Decision date: 13 December 2023 Jurisdiction: Criminal Before: Abadee DCJ Decision: See [45] Catchwords: CRIMINAL LAW – appeals and reviews – appeal against Local Court convictions – road traffic offences Legislation Cited: Road Rules 2014 (NSW) rules 20 and 59 Road Transport Act 2013 (NSW) ss 10, 137, 138, 184, 185, 186, 187, 190, 257 Cases Cited: R v Scott [2023] NSWDC 271 Category: Principal judgment Parties: Transport for NSW Pierre Doumit Representation: Mr L Hijazin for Transport for NSW (Solicitor) Mr P Doumit, Self-represented File Number(s): 2022/310812; 2022/310816; 2022/310823; 2022/311857 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 30 August 2023 Before: Magistrate G Breton File Number(s): 2022/310812; 2022/310816; 2022/310823; 2022/311857

REASONS FOR JUDGMENT 1. On 1 August 2023 Mr Pierre Doumit (the 'appellant') was convicted and sentenced by the Mount Druitt Local Court of multiple road transport offences. The first three occurred on 9 October 2020. The last occurred on 28 October 2020. All of them were said to be detected by camera. They were: 1. proceeding through a red light, contrary to Road Rule 59(1) of the Road Rules 2014 (NSW) 2. exceeding the speed limit by more than 10km/h, contrary to Road Rule 20 3. exceeding the speed limit by less than 10km/h, contrary to Road Rule 20 4. exceeding the speed limit by less than 10km/h, contrary to Road Rule 20 1. Separately the Local Court had acquitted the appellant of two other charges which were alleged to have occurred on 31 March 2020. 2. The appellant's defence to all of the charges were that he was not the driver. In his Application for leave to appeal the offences (which application was granted on 13 October 2023), he wrote that he: ".. was in hospital because I was in surgery for my back. I couldn't drive or leave the house because of the operation."