Roads and Maritime Services v Porret [2014] NSWCA 30

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Roads and Maritime Services v Porret [2014] NSWCA 30 Hearing dates: 15 July 2013 Decision date: 28 February 2014 Before: Bathurst CJ at [1]; Macfarlan JA at [45]; Emmett JA at [46] Decision: That the decision of his Honour Judge Haesler made on 23 April 2012 allowing the appeal of the first defendant against an order made on 25 January 2012 disqualifying her from driving for a period of 12 months be quashed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: JUDGMENTS AND ORDERS - effect of judgment - setting aside conviction and imposing order under Crimes (Sentencing Procedure Act 1999 (NSW), s10- Crimes (Appeal and Review) Act 2001 (NSW), s20 APPEAL - powers of the NSWCA - jurisdictional error - discretionary orders Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 3(3), 3(3A), 11, 17 and 20 Crimes (Sentencing Procedure) Act 1999 (NSW), s 10 District Court Act 1973 (NSW), s 176 Justices Act 1902 (Cth), s 125 Road Transport (General) Act 2005 (NSW), ss 188 and 202 Road Transport (Driver Licensing) Act 1998 (NSW), s 25A Road Transport (Safety and Traffic Management) Act 1999 (NSW), s 9(2) Cases Cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564 Battenberg v Union Club [2005] NSWSC 242; (2005) 215 ALR 696 Commissioner for Railways (NSW) v Cavanough [1935] HCA 45; (1935) 53 CLR 220 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Director of Public Prosecutions v Burns [2010] NSWCA 265; (2010) 207 A Crim R 362 Director of Public Prosecutions v Toulmin [2013] VSCA 145 Director of Public Prosecutions v TY (No 2) [2009] VSCA 226; (2009) 24 VR 705 Hancock v Prison Commissioners [1960] 1 QB 117 Kirk v Industrial Court (NSW) [2010] HCA 1; (2010) 239 CLR 531 Lynch v Hargrave (1971) VR 99 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 New South Wales v Kable [2013] HCA 26; (2013) 87 ALJR 737 Posner v Collector for Inter-State Destitute Persons (Vict) [1946] HCA 50; (1946) 74 CLR 461 Public Service Association (SA) v Federated Clerks Union [1991] HCA 33; (1991) 173 CLR 132 R v Dunphy; Ex parte Maynes [1978] HCA 19; (1978) 139 CLR 482 R v Gray; Ex parte Marsh [1985] HCA 67; (1985) 157 CLR 351 Road and Traffic Authority (NSW) v Papadopoulos [2010] NSWSC 33; (2010) 77 NSWLR 189 Roads and Traffic Authority v Higginson [2011] NSWCA 151 Union Club v Battenberg [2006] NSWCA 72; (2006) 66 NSWLR 1 Texts Cited: Nil Category: Principal judgment Parties: Roads and Maritime Services (Plaintiff) Ambre Porret (First defendant) Director of Public Prosecutions (Second defendant) District Court of New South Wales (Third defendant) Representation: Counsel: M Robinson SC / A Poljak (Plaintiff) P McEwen SC / S Nash (Amicus Curiae) Solicitors: General Counsel, Roads and Maritime Services (Plaintiff) Glenn Coyne Coyne Legal (First defendant) General Counsel, Director of Public Prosecutions (NSW) (Second defendant) General Counsel, District Court of New South Wales (Third defendant) File Number(s): 2012/261488 Publication restriction: Nil Decision under appeal Jurisdiction: 9101 Citation: Nil Date of Decision: 2012-04-23 00:00:00 Before: Haesler DCJ File Number(s): 2011/318388