Regina v Sirocic [2000] NSWCCA 325

New South Wales Court of Criminal Appeal

CITATION : Regina v Sirocic [2000] NSWCCA 325 FILE NUMBER(S) : CCA 60646/99 HEARING DATE(S) : 14 April 2000 JUDGMENT DATE : 14 April 2000

PARTIES : Regina v Chris Julian Sirocic JUDGMENT OF : Priestley JA at 1; Foster AJA at 24; Smart AJ at 25

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DCCrim 99/52/0260 LOWER COURT JUDICIAL Christie DCJ OFFICER :

COUNSEL : Crown - C.K. Maxwell QC Respondent - J.S. Stratton SOLICITORS : Crown - S.E. O'Connor Respondent - T.A. Murphy CATCHWORDS : Stated case - Crown appeal against inadequacy of sentence LEGISLATION CITED : Justices Act Traffic Act 1909 DECISION : Stated case answered yes

IN THE COURT OF

CRIMINAL APPEAL

CCA 60646/99

PRIESTLEY JA FOSTER AJA SMART AJ

Friday, 14 April 2000

REGINA v SIROCIC

1 PRIESTLEY JA: This is a case stated by Christie DCJ of the District Court submitting for the determination of the Court of Criminal Appeal two questions of law arising from an appeal to the District Court. The parties to the appeal were the Director of Public Prosecutions, the appellant and Mr C J Sirocic, the respondent. 2 The respondent was on 23 July 1998 at the Local Court at Armidale convicted of driving in a manner dangerous to the public in breach of section 10A(1)(b)(i) of the Traffic Act. This was a major offence as defined by section 2 of the Traffic Act. He was disqualified from driving for two years to 22 July 2000. 3 On 9 June 1999 the respondent pleaded guilty again at the Local Court at Armidale to driving whilst disqualified at Macksville on 5 March 1999. The Magistrate found the offence proved but dismissed the charge pursuant to section 556A of the Crimes Act. The appellant appealed pursuant to section 133F of the Justices Act to the District Court. 4 On 2 September 1999 Christie DCJ upheld the appeal and convicted and sentenced the respondent. The respondent entered into a recognizance of $100 to be of good behaviour for twelve months, and Christie DCJ also disqualified him from driving a motor vehicle for twelve months from 9 June 1999, the day of the Magistrate's decision. 5 At the request of the appellant Christie DCJ then stated a case pursuant to section 5B of the Criminal Appeal Act. The essential facts were those I have already summarised. 6 Christie DCJ stated the grounds of his judgment as follows: " In my view the fact this was an appeal by the Director of Public Prosecutions against the inadequacy of the sentence imposed in the Local Court placed the appeal proceedings into a special category where I do not have to disqualify the respondent from driving a motor vehicle for the statutory period of two years as specified by section 7A(3)(b)(a) of the Traffic Act, 1909. In coming to this view in the absence of evidence to the contrary from the Crown, I was not prepared to reject the version of evidence given to the Magistrate by the solicitor for the respondent that at the relevant time the appellant was driving Miss Rollings to hospital ."