DPP v KC [2006] NSWDC 127

New South Wales District Court

CITATION: DPP v KC [2006] NSWDC 127

HEARING DATE(S): 13/11/06 14/11/06 15/11/06 16/11/06 17/11/06 20/11/06 21/11/06 23/11/06 4/12/06 5/12/06 6/12/06 11/12/06

JUDGMENT DATE: 13 December 2006

EX TEMPORE JUDGMENT DATE : 12/13/2006

JUDGMENT OF: Taylor DCJ

DECISION: The appeal is dismissed and the finding of guilt in respect of each Court Attendance Notice is confirmed.

s 52A, s 52A(1)(c), s 52A(3)(c) of the Crimes Act, LEGISLATION CITED: s 18, s 18(1)(b) Div 4 of Pt 3 and s 33(1)(g) Children (Criminal Proceedings) Act 1987, s 11, s 18 s, 18(2), s 19, ss 12 and 15 of the Crimes (Local Courts Appeal and Review) Act 2001

R v Hain (1966) 85 WN (Pt1)(NSW) 7 CASES CITED: Martin v Osborne (1936) 55CLR 369, Herron v AG (NSW) (1987) 49NSWLR 601. Gianoutsos v Glykis [2006] NSWCCA 137 at [24-31, 36].

PARTIES: DPP KC

FILE NUMBER(S): 05/12/1976

COUNSEL: Mr G Tabuteau CP Mr A Bellanto QC

SOLICITORS: Ms S Fleming Mr P O'Grady

JUDGMENT

Introduction

1 Between 11.00 and 11.30pm on 29 June 2004 the appellant was driving a Peugeot 206 motor vehicle in Raglan Street, Mosman, when she crossed to the incorrect side of the road and lost control of the vehicle. After crossing the kerb and colliding with a number of objects the convertible vehicle, with its roof down, rolled over. The appellant was travelling with three passengers. One of them, J.G. was killed in the accident. J.M. suffered severe injuries, as did G.A.

2 The driver, K.C, was charged with a number of dangerous driving offences in contravention of s 52A of the Crimes Act. Proceedings against the appellant were instituted under the Children (Criminal Proceedings) Act 1987. The Children's Court at Bidura, pursuant to s 18(1)(b) of the Act, dealt with the matters under Div 4 of Pt 3. The Court found the appellant guilty and proceeded to make penalty orders under s 33(1)(g). This is an appeal against findings of guilt made by the Children's Magistrate.