NSW Caselaw
Reported Decision : 191 A Crim R 145
New South Wales Supreme Court
CITATION : Director of Public Prosecutions v Kailahi [2008] NSWSC 752
HEARING DATE(S) : 13 March 2008
JUDGMENT DATE : 25 July 2008
JURISDICTION : Common Law
JUDGMENT OF : Rothman J
(i) Pursuant to s 59(2)(a) of the Crimes (Appeals and Review) Act 2001, the order of his Honour Mr W Brydon, Magistrate, made at Burwood Local Court on 17 August 2007, dismissing a charge against the defendant of driving while disqualified from holding a licence: s 25A(1)(a) of the Road Transport (Driver Licensing) Act 1998, be set aside. DECISION : (ii) The matter be remitted to the Local Court to be dealt with in accordance with orders and reasons for judgment of this Court. (iii) No order for costs.
CATCHWORDS : CRIMINAL LAW – driving offence – driving whilst disqualified – mens rea – honest and reasonable mistake – mistake not result in innocent conduct – no mens rea necessary – no honest and reasonable mistake – issues go to the recording of conviction and/or sentence – appeal allowed.
Crimes (Appeal and Review) Act 2001 LEGISLATION CITED : Motor Traffic Act 1909 Road Transport (Driver Licensing) Act 1998
CATEGORY : Principal judgment
Bergin v Stack [1953] HCA 53; (1953) 88 CLR 248 CASES CITED : He Kaw Teh v R [1985] HCA 43; (1985) 157 CLR 523 R v Vlahos [1975] 2 NSWLR 580
PARTIES : Director of Public Prosecutions (Plaintiff) Lupe Kailahi (Defendant)
FILE NUMBER(S) : SC 16189/2007
COUNSEL : D C Frearson SC (Plaintiff) In person (Defendant
SOLICITORS : The Office of the Solicitor for Public Prosections (Plaintiff) In person (Defendant)
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