RTA v Papadopoulos [2010] NSWSC 33

New South Wales Supreme Court

CITATION : RTA v Papadopoulos [2010] NSWSC 33

HEARING DATE(S) : 2 February 2010

JUDGMENT DATE : 19 February 2010

JUDGMENT OF : James J

DECISION : 1. Order that the determination of the Local Court magistrate to disallow the decision of the RTA on 24 June 2009 to refuse the application by Mr Papadopoulos for a driver licence be set aside. 2. Order that the determination of the magistrate to fix the date of commencement of the third disqualification as 25 February 2007 be set aside.

CATCHWORDS : CRIMINAL LAW — Road Transport Legislation — habitual traffic offender declaration — effect of "quashing" habitual traffic offender declaration — declaration annulled for the future but not ab initio — Crimes (Sentencing Procedure) Act s 43 — Section 43 not available where penalty not imposed by a court

Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act English Criminal Appeal Act 1907 Local Court Act 2007 LEGISLATION CITED : New South Wales Criminal Appeal Act Road Transport (Driver Licensing) Act 1998 Road Transport (General) Act 1999 Road Transport (General) Act 2005 Road Transport (General) Amendment (Consecutive Disqualification Periods) Act 2009 No 69 Road Transport Legislation Amendment (Miscellaneous Provisions) Act 2009 No 104

Commissioner for Railways (NSW) v Cavanough (1935) 53 CLR 220 Director of Public Prosecutions v TY [2009] VSCA 226 CASES CITED : Hancock v Prison Commissioners [1960] 1 QB 117 Ho v Director of Public Prosecutions (1995) 37 NSWLR 393 Lesi v The Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCFCA 285