Director of Public Prosecutions v Sukhera [2012] NSWSC 311

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Sukhera [2012] NSWSC 311 Hearing dates: 24/02/2012 Decision date: 04 April 2012 Before: Fullerton J Decision: 1. The appeal is upheld. 2. The order of Coombs LCM dismissing the charge under under s 9(1)(a) of the Road Transport (Safety and Traffic Management) Act 1999 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 in respect of which I grant an indemnity certificate under s 6 of the Suitors' Fund Act 1951. Catchwords: APPEAL FROM LOCAL COURT - appeal against order by Magistrate to dismiss proceedings for driving motor vehicle with special range prescribed concentration of alcohol - offence of driving motor vehicle while licence suspended proved - whether Magistrate erred in failing to provide adequate reasons for decision - special category driver - suspended driver - whether liability for one offence is dependent on liability for the other Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Motor Accidents Compensation Act 1999 Road Transport (Driver Licensing) Act 1998 Road Transport (Safety and Traffic Management) Act 1999 Road Transport (Vehicle Registration) Act 1997 Suitors' Fund Act 1951 Cases Cited: DPP (NSW) v Illawarra Cashmart Pty Ltd [2006] NSWSC 343; 67 NSWLR 402 Pearce v R [1998] HCA 57; 194 CLR 610 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Plaintiff) Mohammed Awais Sukhera (Defendant) Representation: Counsel: ID Bourke (Plaintiff) Ex parte Solicitors: Solicitor for Public Prosecutions (Plaintiff) Ex parte File Number(s): 2011/286538 Decision under appeal Jurisdiction: 9109 Date of Decision: 2011-05-18 00:00:00 Before: Coombs LCM