Director of Public Prosecutions v Mark Montaz Abouali [2011] NSWSC 110

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Mark Montaz Abouali [2011] NSWSC 110 Hearing dates: 14 February 2011 Decision date: 04 March 2011 Jurisdiction: Common Law - Criminal Before: Schmidt J Decision: 1. The appeal is upheld. 2. The order made by Hawdon LCM on 5 August 2010 dismissing the proceedings is set aside. 3. The matter is remitted to the Local Court to be dealt with according to law. 4. The defendant is to pay the plaintiff's costs, as agreed or assessed. Catchwords: APPEAL AND NEW TRIAL - appeal against Local Court decision - appeal brought under s 56(1)(c) of the Crimes (Appeal and Review) Act 2001 - Road Rules - infringement of r 56(1) of the Road Rules 2008 - failure to stop at a red traffic light - whether Magistrate erred in law in determining that an essential element of the offence was missing- whether failure to give adequate reasons - construction of r 56 of the Road Rules and interaction with r 59 - appeal upheld - costs Legislation Cited: Crimes (Appeal and Review) Act 2001 Road Rules 2008 Cases Cited: Byrne v Hulbert [2009] ACTSC 124 Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 372 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Ltd [2006] NSWSC 343; (2006) 67 NSWLR 402 Jordan v Police [2006] SASC 205 Le Poidevin v Police (SA) [2005] SASC 314 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Workers Compensation (Dust Diseases) Board Of NSW v Smith, Munro and Seymour [2010] NSWCA 19 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Plaintiff) Mark Montaz Abouali (Defendant) Representation: Counsel: Mr J Burke, Plaintiff Solicitors: SC Kavanagh, Solicitor for the Public Prosecutions Mr D Miralis, solicitor Nyman Gibson Stewart Solicitors File Number(s): 2010/366669