Conviction Appeal - Robert James Kingston [2008] NSWDC 86

New South Wales District Court

CITATION: Conviction Appeal - Robert James Kingston [2008] NSWDC 86

HEARING DATE(S): 10 April 2008

JUDGMENT DATE: 10 April 2008

JURISDICTION: Criminal

JUDGMENT OF: Phegan DCJ

DECISION: Appeal allowed. Conviction quashed. Application for costs refused.

CATCHWORDS: Appeal against conviction - Mid-range PCA - Effect of Zolpidem (Stilnox) - Defence of automatism

LEGISLATION CITED: Road Transport (Safety & Traffic Management) Act 1999

SS Hontestroom v SS Sagaporack [1927] AC 37 R v O'Connor (1980) 146 CLR 64 Abalos v Australian Postal Commission (1990) 171 CLR Youssef (1990) 50 ACrimR 1 CASES CITED: Edwards v Macrae (1991) 15 MVR 193 Russell (1993) 70 ACrimR 17 Fox v Percy (2003) 214 CLR 118 Tucker v The Police [2004] SASC 239 Jamal Charara v The Crown [2006] unreported NSWCCA 244

PARTIES: Director of Public Prosecutions Robert James Kingston

FILE NUMBER(S): 07/12/1440

COUNSEL: Mr D Clarke Mr C Steirn (SC)

SOLICITORS: Director of Public Prosecutions Peter J Arnott & Co

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JUDGMENT

1 HIS HONOUR: This is a case by way of appeal against conviction from the Hornsby Local Court in which the appellant, Robert Kingston, was convicted of driving with a mid-range PCA of 0.105 under s 9(3)(a) of the Road Transport (Safety and Traffic Management) Act 1999. The appellant had pleaded not guilty but a verdict of guilty was entered and he was the subject of a costs order for $70, an order for a disqualification of his driver's licence for a period of three years and he was released on a s 9 bond, also for a period of three years. If I could just attempt to outline the circumstances of the offence, relying on the evidence at the trial, both oral and by way of statements which were tendered before the learned Magistrate.