NSW Caselaw
New South Wales Supreme Court
CITATION : Director of Public Prosecutions (NSW) v Dewes [2008] NSWSC 1141
HEARING DATE(S) : 27 October 2008 JURISDICTION : Common Law
JUDGMENT OF : Adams J at 1
EX TEMPORE JUDGMENT DATE : 27 October 2008
1. Appeal allowed DECISION : 2. Order of 4 December 2007 at Queanbeyan Local Court is set aside. 3. Proceedings remitted to Queanbeyan Local Court to be heard and determined according to law. 4. No order as to costs.
CATCHWORDS : Statutory interpretation - subpara 198(1)(a)(iii) Road Transport (General) Act 2005 - s 25(3) Road Transport (Driver Licensing) Act 1998 - appeal from Local Court - dismissal of charge of drive whilst disqualified - whether driver was an habitual traffic offender - whether prior drive whilst disqualified is relevant charge - appeal allowed.
Crimes (Appeal and Review) Act 2001 s 59(2) LEGISLATION CITED : Director of Public Prosecutions Act 1986 s 9 Road Transport (Driver Licensing) Act 1998 ss 25, 25A(1)(a) Road Transport (General) Act 2005 ss 198, 199
CATEGORY : Principal judgment
Cooper Brooks (Wollongong) Pty Ltd v The Federal Commissioner of Taxation (1981) 147 CLR 297 CASES CITED : Project Blue Sky Inc v Australian Broadcasting Authority 194 CLR 355 Saraswati v The Queen (1991) 172 CLR 1
PARTIES : Director of Public Prosecutions (NSW) (Plaintiff) Jade Steven DEWES (Defendant)
FILE NUMBER(S) : SC 2008/11226
COUNSEL : Ms C A Webster (Plaintiff) Mr G K Walsh (Defendant)
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