Chetty SHAKUNTALA v R [2008] NSWDC 305

New South Wales District Court

CITATION: Chetty SHAKUNTALA v R [2008] NSWDC 305

HEARING DATE(S): 29 September 2008 EX TEMPORE JUDGMENT DATE : 29 September 2008

JURISDICTION: DC 2008/12/1256

JUDGMENT OF: Berman SC DCJ

DECISION: Leave granted to withdraw appeal

CATCHWORDS: Criminal law - Judgment - Appeal against severity of sentence - Incorrect advice given to appellant

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

PARTIES: Chetty Shakuntala The Crown

FILE NUMBER(S): DC 2008/12/1256

SOLICITORS: NSW DPP M S Nair & Co

JUDGMENT

1 HIS HONOUR: In this matter the appellant, Chetty Shakuntala, was convicted in the Local Court of a speeding matter. She was detected by a speed camera exceeding the speed limit by fifteen kilometres an hour or less. The actual speed was seventy-five in a sixty zone. The Magistrate fined her $80 and ordered that she pay court costs of $73. It appears that the matter was disputed in the Local Court with the appellant pleading not guilty. She has however appealed only against the severity of the sentence imposed upon her.

2 Early in the appeal proceedings I raised with Mr Nair, who appeared for the appellant, the possibility that his client could find her sentence actually increased. I pointed out that she was on a good behaviour licence at the time and pleaded not guilty. Mr Nair then indicated after receiving instructions that his client wished to proceed with the appeal apparently on the basis that his client was concerned that she would lose her licence because of the accumulation of points that this offence represented. I told Mr Nair it was my understanding of the law that even if I gave his client the benefit of an order under s 10 Crimes (Sentencing Procedure) Act the RTA would still take the points from the appellant and so I questioned the utility of the appeal. The Crown indicated that my understanding of the law was correct.