Director of Public Prosecutions v Majok [2009] NSWSC 192

194 A Crim R 265 Reported Decision : 52 MVR 581 [2009] ALMD 4849

New South Wales Supreme Court

CITATION : Director of Public Prosecutions v Majok [2009] NSWSC 192

HEARING DATE(S) : 12 September 2008

JUDGMENT DATE : 24 March 2009

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(1) Pursuant to s 59(2) of the Crimes (Appeal and Review) Act 2001, the order of his Honour Magistrate Brown, made on 28 February 2008 at Blacktown Local Court, dismissing the proceedings against the defendant for the offences of not keep left of dividing line and not stop at stop sign at red arrow, be set aside.

(2) The defendant pay the plaintiff's costs of and incidental to this summons. DECISION : (3) The defendant be granted an indemnity certificate pursuant to s 6 of the Suitor's Fund Act 1951 in relation to this appeal and any costs associated with the expenses of the interpreter.

(4) Otherwise the proceedings are dismissed.

CATCHWORDS : EVIDENCE – admission – compelled by s 173 of Road Transport (General) Act 2005 – compulsion not itself basis for exclusion of admission - TRAFFIC LAW – offences – evidence and procedure – admission required by s 173 of Road Transport (General) Act 2005 – compulsion not itself basis for exclusion of admission

Crimes (Appeal and Review) Act 2001 LEGISLATION CITED : Evidence Act 1995 Road Transport (General) Act 2005 Suitor's Fund Act 1951

CATEGORY : Principal judgment

CASES CITED : DPP v Attallah [2001] NSWCA 171 Hooper v R [1995] HCA Trans 283 (23 August 1995)

PARTIES : Director of Public Prosecutions (Plaintiff) Joseph Lual Majok (Defendant)