NSW Caselaw
Reported Decision : 64 NSWLR 634
New South Wales Supreme Court
CITATION : Director of Public Prosecutions (NSW) v Mark Alan Beaman [2005] NSWSC 1236
HEARING DATE(S) : 9 and 11 May 2005
JUDGMENT DATE : 11 May 2005
JUDGMENT OF : Latham J at 1
DECISION : The magistrate erred in law in determining that interstate offences could not be taken into account in determining the applicable maximum monetary penalty and the applicable automatic and minimum disqualification periods of the offence of drive with low concentration of alcohol. Costs to the plaintiff and grant of a certificate under the Suitors' Fund Act to allow those costs to be met. I note that an undertaking was given by the plaintiff not to pursue the defendant personally for those costs
CATCHWORDS : Statutory Interpretation - Whether regard should be had to interstate offences for purposes of penalty provisions in Road Transport legislation.
Crimes (Local Courts Appeal and Review) Act 2001 Road Transport (Safety and Traffic Management) Act 1999 Road Transport (General) Act 1999 Motor Traffic Act 1909 Safety Act General Act LEGISLATION CITED : Motor Traffic Amendment Act No 29 of 1937 Motor Traffic (Road Safety) Amendment Act No 123 Traffic Act 1909 Habitual Criminals Act 1957 Offenders Probation Act 1913-71 Suitors' Fund Act
Regina v Green (1982) 2 NSWLR 933 CASES CITED : R v Collins
Plaintiff - Director of Public Prosecutions, PARTIES : Defendant - Mark Alan Beaman
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