Police –v- Luciano Buda [2005] NSWLC 21

Local Court of New South Wales

CITATION: Police –v- Luciano Buda [2005] NSWLC 21 JURISDICTION: Criminal PARTIES: Police Luciano Buda FILE NUMBER: PLACE OF HEARING: Liverpool Local Court DATE OF DECISION: 10/31/2005 MAGISTRATE: Magistrate G Lerve CATCHWORDS: "on and from" – meaning of – notice of suspension of driver's license Interpretation Act, 1987 LEGISLATION CITED: Road Transport (Driver Licensing) Act 1999 Road Transport (Driver Licensing) Regulations Road Transport (General) Act s. 44 Lindsell –v- O'Brien (1995) 22 MVR 341 Posner –v- Collector Intestate Destitute Persons (Vic) (1946) 74 CLR 461 CASES CITED: Proudman –v- Dayman (1941) 67 CLR 537 Sidbotham –v- Holland [1895] 1 QB 378 Trow –v- Ind Coope (West Midlands) Ltd & Anor. [1967] 2 All ER 900 Valentine –v- Eid (1992) 27 NSWLR 615 REPRESENTATION: Sgt. McDonald Mr. Macri ORDERS: I find the offence proved

REASONS FOR DECISION

This matter was one of several matters that came before me for hearing at the Liverpool Local Court on 5 September 2005. Evidence was taken from prosecution witnesses and the accused. The matter raised a number of issues (principally because of clerical errors) concerning the Notice of Suspension served upon the accused. I note that this is not the first occasion on which I have had to decide a matter where the RTA has made clerical errors within a Notice served on a member of the public. Upon hearing the evidence on 5 September 2005 I adjourned the matter for decision. My own researches revealed some authorities. Natural justice required the accused and prosecution to have the opportunity to advance further submissions if they wished to do so. The matter was mentioned before me on 30 September 2005 and the parties supplied with three authorities that I had found.