Director of Public Prosecutions v Sadler [2013] NSWSC 718

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Sadler [2013] NSWSC 718 Hearing dates: 2 May 2013 Decision date: 11 June 2013 Before: Bellew J Decision: (1) the appeal is allowed; (2) the orders of Magistrate Hiatt made at the Campbelltown Local Court on 18 June 2012 dismissing the charges against the defendant of: (i) use an unregistered registrable vehicle; (ii) use an uninsured vehicle; (iii) drive whilst disqualified; and (iv) ride motor bike without approved motor bike helmet, are set aside. (3) the proceedings are remitted to Magistrate Hiatt at the Campbelltown Local Court to be heard conformably with this judgment; (4) the defendant is to pay the plaintiff's costs of the proceedings, including the costs thrown away as a consequence of the vacation of the hearing date of 27 March 2013; (5) the defendant is granted a certificate pursuant to s. 6(1) of the Suitors Fund Act 1951. Catchwords: Appeal - appeal from decision of Local Court Magistrate - driving offences - whether error of law on the part of the Magistrate - whether reasons given by Magistrate adequate - errors of law made out - whether discretion not to remit the matter to the Local Court having found error - whether appropriate for appellate court to determine the matter on the merits and make findings of fact - appeal allowed - matter remitted to the Local Court. Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Motor Accidents Compensation Act 1999 Road Transport (Driver Licensing) Act 1998 Road Transport (General) Act 2005 Road Transport (Vehicle Registration) Act 1997 Road Transport (Vehicle Registration) Regulation 2007 Suitors Fund Act 1951 Supreme Court Rules 1970 Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472 Chugg v Pacific Dunlop Ltd (1990) 170 CLR 249 Council of the City of Lake Macquarie v Morris [2005] NSWSC 387; (2005) 63 NSWLR 263 Director of Public Prosecutions v Belani [2005] NSWSC 1013; (2005) 64 NSWLR 319 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Limited (2006) 67 NSWLR 402 Director of Public Prosecutions v Wililo [2012] NSWSC 713 Director of Public Prosecutions v Wunderwauld [2004] NSWSC 182 Downes v Director of Public Prosecutions [2000] NSWSC 1054 Ex parte Ferguson; re Alexander (1944) 45 SR (NSW) 64 Gommesen v R [2012] NSWCCA 226 Matheson v Director of Public Prosecutions [2008] NSWSC 550