Director of Public Prosecutions v Partridge [2009] NSWCCA 75

Reported Decision: 74 NSWLR 6252 MVR 280194 A Crim R 309[2009] ALMD 4694

New South Wales Court of Criminal Appeal

CITATION: Director of Public Prosecutions v Partridge [2009] NSWCCA 75 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 13 March 2009

JUDGMENT DATE: 25 March 2009

JUDGMENT OF: McColl JA at 1; Grove J at 70; Howie J at 71

DECISION: 1. The answer to the question posed by the stated case is yes. 2. Appellant to pay the respondent's costs of the stated case.

CATCHWORDS: CRIMINAL LAW – particular offences – driving offences – practice and procedure – sentencing – automatic disqualification period – driving unlicensed contrary to s 25A(1)(a) of Road Transport (Driver Licensing) Act 1998 - prior conviction for contravention of s 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 – whether a "second or subsequent offence" for the purposes of s 25A(10)(b), Road Transport (Driver Licensing) Act 1998 - STATUTES – acts of parliament – interpretation – meaning of "second or subsequent offence" under s 25A(10)(b) of the Road Transport (Driver Licensing) Act 1998 – whether the definition of "second or subsequent offence" in s 25A(6)(b) applies to "second or subsequent offence under subsection (1), (2) or (3) (a)" in s 25A(10)(b) - TRAFFIC LAW – licensing of drivers – New South Wales – disqualification, cancellation and suspension of licences – relevant automatic disqualification period under s 25A(10)(b) of the Road Transport (Driver Licensing) Act 1998 - WORDS & PHRASES – "second or subsequent offence" – "for the purposes of this section" – "in this section"

Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Interpretation Act 1987 Road Transport (Driver Licensing) Act 1998 LEGISLATION CITED: Road Transport (General) Act 2005 Road Transport (Safety and Traffic Management) Act 1999 Road Transport Legislation Amendment Act 1999 Traffic Act 1909 Acts Interpretation Act 1901 (Cth) Road Traffic Act 1961 (SA)