Police v Deng [2008] NSWLC 2

Local Court of New South Wales

CITATION: Police v Deng [2008] NSWLC 2

JURISDICTION: Criminal

PARTIES: Police Rose Deng

FILE NUMBER:

PLACE OF HEARING: Downing Centre

DATE OF DECISION: 01/30/2008

MAGISTRATE: Magistrate I Barnett

CATCHWORDS: Negligent driving occasioning death - Section 32 of the Mental Health (Criminal Procedure) Act 1990

LEGISLATION CITED: Road Transport (Safety and Traffic Management) Act 1999 Mental Health (Criminal Procedure) Act 1990

DPP –v- El Mawas (2006) 66 NSWLR 93 CASES CITED: Confos –v- DPP (2004) NSWSC 1159 Mantell –v- Molyneux (2006) 68 NSWLR 46 R-v-Israil (2002) NSWCCA 255

TEXTS CITED:

REPRESENTATION:

ORDERS:

This matter is in the list today for my decision on an application pursuant to S.32 of the Mental Health (Criminal Procedure) Act 1990, which was heard before me on 18th December, 2007.

The applicant Rose DENG has made an application to the Local Court pursuant to S.32 of the Mental Health (Criminal Procedure) Act 1990, in relation to a Court Attendance Notice taken out by NSW Police, for an alleged offence under the Road Transport (Safety and Traffic Management) Act 1999, Section 42(1)(a).

The Court Attendance Notice alleges one offence of "negligent driving occasioning death" and says, "between 11:00 am and 11:02am on 27.3.2007 at Kogarah, did negligently drive a motor vehicle, to wit, motor car registered number VJ-1978 upon a road related are, to wit, the eastern footpath of Railway Parade."

S.42 of the Road Transport (Safety and Traffic Management) Act 1999 is headed "Negligent, furious or reckless driving", and provides a series of graded penalties for offences provided for under the section. Relevantly S.42(1) provides – (1) A person must not drive a motor vehicle negligently on a road or road related area. Maximum penalty: (a) if the driving occasions death – 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence), or (b) if the driving occasions grievous bodily harm – 20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence), or (c) if the driving does not occasion death or grievous bodily harm – 10 penalty units.