NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Fortuna [2024] NSWDC 328 Hearing dates: 29 July 2024 Date of orders: 29 July 2024 Decision date: 29 July 2024 Jurisdiction: Criminal Before: Anderson SC DCJ Decision: (1) I uphold the appeal. (2) I confirm the orders of the Magistrate of 6 March 2024, that is a disqualification period from driving for a period of 12 months and a fine of $600. I expressly note that there is to be no application of Division 2 of Part 7.4 of the Act with respect to interlock. Catchwords: CRIMINAL – appeal – interlock penalties – is an E bike considered as an motor vehicle? Legislation Cited: Crimes Appeal and Review Act 2001 (NSW) Road Transport Act 2013, s 4, s 112(1)(a), s 209 Motor Accident Injuries Act 2017 (NSW) Road Vehicle Standards Act 2018 (Cth) Cases Cited: CFD v AAI Limited t/as AAMI [2023] NSWPIC 592 Category: Principal judgment Parties: Paul Fortuna (Appellant) Director of Public Prosecutions (Defendant) Representation: Counsel: Mr M Beroni (Appellant) Dr Katherine Fallah (Appellant)
Solicitors: Director of Public Prosecutions File Number(s): 2024/3689 Publication restriction: N/A Decision under appeal Court or tribunal: Local Court, Sydney Downing Centre Jurisdiction: Crime Date of Decision: 21 March 2024 Before: Magistrate J Zaki File Number(s): 2024/3689
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