JOHNSON v R [2008] NSWDC 255

New South Wales District Court

CITATION: JOHNSON v R [2008] NSWDC 255

HEARING DATE(S): 12 March 2008 EX TEMPORE JUDGMENT DATE : 12 March 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Appeal allowed. Fine and court costs confirmed. Disqualified from driving for one year.

CATCHWORDS: Criminal Law - Appeal against severity of sentence - Driving on the road whilst suspended - Automatic disqualification period

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Road Transport (Driver Licensing) Act 1998

PARTIES: Shane William Johnson The Crown

FILE NUMBER(S): 07/12/1489

SOLICITORS: NSW DPP Legal Aid Commission

JUDGMENT

1 HIS HONOUR: Shane William Johnson appeals against the sentence of a magistrate for an offence of driving on the road whilst he was suspended. The magistrate fined Mr Johnson and disqualified him from driving for two years.

2 This appeal has been conducted on two bases. The first is that Mr Dickins, who appears on behalf of Mr Johnson, seeks an order under Section 10 of the Crimes (Sentencing Procedure) Act. If that submission fails there is a question of statutory interpretation to be determined, that issue relating to the automatic disqualification period. I will deal with both these matters in this judgment.

3 I am not prepared to give the appellant the benefit of an order under Section 10.

4 The circumstances of the offence are these: The appellant was driving after his licence had been suspended. It appears that he did not know that licence had been suspended by reason of his fine default, but when he was stopped for a number of traffic offences on 24 August by police and a licence check was done the fact that his licence was suspended was discovered. Police told Mr Johnson of this fact. They told him that he must not drive. They saw the appellant make a phone call and he told them that his mate would come and collect him. Police then left.