LONDY v DISTRICT COURT OF NEW SOUTH WALES and ANOR [1994] NSWCA 187

LONDY v DISTRICT COURT OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, CLARKE and SHELLER JJA 18 February 1994, 17 March 1994

[1994] NSWCA 187

The appellant, who was charged with exceeding the speed limit by more than 45 km/h under s4A(1A) of the Traffic Act 1909, claimed he was denied a proper trial; the claim was without substance and the trial judge's decision upon the evidence was upheld.

Mahoney JA I agree with the judgment of Sheller JA and the orders which he proposes. No submissions have been made as to the effect of the orders made by his Honour Judge Twigg QC and this Court is not called upon to consider them.

Clarke JA I agree with Sheller JA.

Sheller JA The claimant, Harry Londy, was charged with an offence under s4A(1A) of the Traffic Act 1909 in that on 31 May 1992 being the driver of a motor vehicle upon a public street (Freeway 5) he drove it at a speed exceeding the speed limit applicable to that length of public street by more than 45 km/h. The charge came before the Local Court at Campbelltown where the claimant was convicted, fined $600, ordered to pay a court fee of $45 and disqualified from holding or obtaining a licence for a period of three months.

The claimant appealed to the District Court under s122 of the Justices Act 1902. This appeal came before his Honour Judge Twigg QC who, on 8 October 1993, in effect dismissed the appeal by convicting the complainant. His Honour varied the orders by substituting a fine of $1,000 and confirmed the Local Court's orders as to costs and disqualification. His Honour said that the disqualification was to date from the date of his decision, 8 October 1993, but stayed all the orders for twenty one days. On 25 October 1993 this Court stayed the execution of the conviction ordered by Judge Twigg, I would infer, until the proceedings in the matter before this Court were disposed of, or further order.