JOHNSON, Peter Vincent v R [2008] NSWDC 376

New South Wales District Court

CITATION: JOHNSON, Peter Vincent v R [2008] NSWDC 376

JUDGMENT DATE: 1 August 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: I set aside the sentence of the learned magistrate. I order Mr Johnson be disqualified from holding a driver's licence for 2 years. I impose a fine of $500 and waive court costs. I confirm the bond imposed under s 9 Crimes (Sentencing Procedure) Act 1999.

CATCHWORDS: CRIMINAL LAW - sentence appeal - dangerous driving - riding motorbike in manner or at speed dangerous - criminal record including previous convictions for driving whilst disqualified - no basis for order under s 10 of the Crimes (Sentencing Procedure) Act 1999

Crimes (Appeal and Review) Act 2001 s 20(2) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 9, s 10 Road Transport (Safety & Traffic Management) Act 1999 s 42

PARTIES: Regina Peter Vincent Johnson

FILE NUMBER(S): 2008/8088

SOLICITORS: Mr Kiru for the NSW Office of the Director of Public Prosecutions Mr Johnson in person

JUDGMENT 1. Mr Peter Johnson has appealed against his sentence. He was convicted of dangerous driving, that is an offence against s 42 of the Road Transport (Safety and Management) Act 1999 . The maximum sentence-- It says here Mr Kiru five years.

KIRU: Automatic disqualification is five years your Honour.

HIS HONOUR: Five years.

KIRU: Automatic, say if there is no conviction, there's no disqualification imposed by the magistrate your Honour then automatically five years.

HIS HONOUR: Her Honour said three years, but it is five.