BOULGHOURGIAN, John v Ryde City Council [2008] NSWDC 310

New South Wales District Court

CITATION: BOULGHOURGIAN, John v Ryde City Council [2008] NSWDC 310

HEARING DATE(S): 27 November 2008

JUDGMENT DATE: 19 December 2008

JURISDICTION: Criminal

JUDGMENT OF: Bennett SC DCJ

1. Grant application for leave to appeal from decision to refuse application for annulment. 2. Allow the appeal. DECISION: 3. Set aside the order of Magistrate Betts on 11 August 2008. 4. Grant the application for the annulment of the conviction of 20 June 2008 for the offence of Disobey No Stopping Sign. 5. Remit the proceedings to the Local Court to be dealt with according to law.

CATCHWORDS: CRIMINAL LAW – procedure – s 11A Crimes (Appeal and Review) Act – appeal from decision of Magistrate not to annul conviction – s 13(1)(a1) – leave required – s 8 – circumstances where annulment must be granted – meaning of "hindered" – confusion as to dates

Crimes (Appeal and Review) Act 2001 LEGISLATION CITED: Criminal Procedure Act 1986 Justices Act 1902

CASES CITED: Miller v DPP [2004] NSWCA 90

PARTIES: John Boulghourgian (Appellant) - In person Ryde City Council (Respondent) - No appearance

FILE NUMBER(S): 2008/00016179

IN THE DISTRICT COURT OF NEW SOUTH WALES

Bennett SC DCJ

19 December 2008

2008/00016179 BOULGHOURGIAN, John v Ryde City Council

JUDGMENT

Introduction

1 John Boulghourgian seeks relief in the District Court after decisions adverse to him in the Local Court made in the course of his prosecution for a parking offence when a vehicle, of which he claims to have no knowledge, was detected in a position where the stopping of a motor vehicle was proscribed. He was convicted in his absence, and was denied his application for the annulment of that conviction.