Police –v- Alain VINCENT [2005] NSWLC 20

Local Court of New South Wales

CITATION: Police –v- Alain VINCENT [2005] NSWLC 20 JURISDICTION: Criminal PARTIES: Police Alain VINCENT FILE NUMBER: PLACE OF HEARING: Parramatta Local Court DATE OF DECISION: 06/29/2005 MAGISTRATE: Magistrate G Lerve CATCHWORDS: holder of overseas driver's license – nature of visa – international visitor – whether holder of overseas driver's license is "unlicensed" Road Transport (Driver Licensing) Act 1998 LEGISLATION CITED: Migration Act 1958 (Cth) Migration Amendment Regulations 2003 CASES CITED: Ostowski –v- Palmer (2004) 78 ALJR 957 REPRESENTATION: Sgt. Assaad, Police Prosecutor Mr. M. Vaughan ORDERS: The accused is not guilty, and a verdict of acquittal entered.

Reasons for Decision

By way of Court Attendance Notice issued on 21 January 2005 the accused is charged that he on 29 September 2004 at Silverwater in the State of New South Wales did drive motor vehicle RLO-213 on Holker Street whilst being an unlicensed driver, contrary to section 25(2) of the Road Transport (Driver Licensing) Act 1998.

This was one of several defended matters before me on 8 June 2005. There was no prior indication that the significant issues that did arise would in fact be arising in the course of the matter. I do not have the benefit of a transcript of the proceedings and accordingly, am relying on the exhibits tendered, and my notes of the evidence.

The prosecution case consisted of the evidence of Constable Steven Bird of the Cabramatta Police Station, whose evidence in chief consisted principally of a statement that was read on to the record. The officer was performing duties unrelated to the enforcement of the traffic rules and regulations at the Silverwater Correctional facility on 29 September 2004. The accused drove his vehicle into that facility. The officer stopped the accused and asked him to produce his driver's license for inspection. The accused produced to the officer a United Kingdom License VINCE510240A98GL23. That same Licence was produced by the accused at Court before me, and was sighted by the prosecutor and me. There is no dispute that the License so produced is a valid UK Driver's Licence.