R v Stephen Roy IOVINO [2009] NSWDC 260

Reported Decision : 9 DCLR (NSW) 323

New South Wales District Court

CITATION: R v Stephen Roy IOVINO [2009] NSWDC 260

11 May 2009 20 May 2009 HEARING DATE(S): 22 May 2009 5 August 2009 10 August 2009

JUDGMENT DATE: 11 August 2009

JURISDICTION: Criminal

JUDGMENT OF: Bennett SC DCJ

1. Leave to appeal from the conviction is granted. DECISION: 2. The appeal is dismissed. 3. Allow the appeal from sentence. I set aside the conviction and the fine and order for costs, and the order for disqualification. In lieu thereof, I discharge the appellant pursuant to s 10(1)(b) of the Crimes (Sentencing Procedure) Act, conditional upon him entering a bond to be of good behaviour for a period of twelve months from today

CATCHWORDS: CRIMINAL LAW – Appellant driving in NSW, his licence having been suspended in NT for fine default – under NT law appellant "taken not to hold a licence to drive during the period of suspension" – whether appellant was a person whose driver licence was suspended for the purposes 25A(2)(a) Road Transport (Driver Licensing) Act 1998 – Subsequent amendment to 25A(2)(a) excluding its operation where the licence is suspended for fine default in NSW – exclusion does not extend to licences suspended for fine default outside NSW – whether undetected hiatus – whether unconstitutional – discussed – Whether the provision as amended could inform the interpretation of the provision prior to the amendment.

Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act (1999) Fines Act (1996) Road Transport (General) Act 2005 LEGISLATION CITED: Road Transport (Driver Licensing) Act 1998 Road Transport (Driver Licensing) Regulation 2008 Fines and Penalties (Recovery) Act (NT) Motor Vehicles Act (NT) Traffic Act (NT)