Roads and Maritime Services v L & M Scott Haulage Pty Ltd [2013] NSWCCA 107

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Roads and Maritime Services v L & M Scott Haulage Pty Ltd [2013] NSWCCA 107 Hearing dates: 4 February 2013 Decision date: 14 May 2013 Before: Latham J at 1 Button J at 32 Grove AJ at 33 Decision: 1. The questions posed by the stated case are answered: (a) Yes (b) Yes (c) Unnecessary to answer 2. The penalty imposed by Toner SC DCJ on 23 May 2012 is quashed. 3. Remit the matter to the District Court to be dealt with in accordance with these reasons. Catchwords: APPEAL - stated case - error of law - objective seriousness should be assessed according to maximum penalty not jurisdictional limit - statutory construction of s 60, Road Transport (General) Act Legislation Cited: Road Transport (General) Act 2005 Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: R v Doan [2000] NSWCCA 317; 50 NSW LR 115 Roads and Traffic Authority of NSW v Fletcher International Exports Pty Ltd [2008] NSWSC 936 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Roads & Maritime Services - (Applicant) L & M Scott Haulage - (Respondent) Representation: Counsel T Lynch - (Applicant) No appearance - (Respondent) Solicitors Hunt & Hunt Lawyers - (Applicant) Blackstone Waterhouse Lawyers - (Respondent) File Number(s): 2012/53848 Decision under appeal Date of Decision: 2012-05-23 00:00:00 Before: R Toner SC DCJ File Number(s): 2012/53848