Fleet Partners Pty Limited v Roads and Maritime Services (NSW) [2016] NSWDC 17

District Court New South Wales

Medium Neutral Citation: Fleet Partners Pty Limited v Roads and Maritime Services (NSW) [2016] NSWDC 17 Hearing dates: 4 February 2016 Date of orders: 04 February 2016 Decision date: 04 February 2016 Jurisdiction: Criminal Before: Neilson DCJ Decision: Conviction recorded by the Downing Centre Local Court on 7 July 2015 set aside

Charge dismissed Catchwords: CRIMINAL LAW – Severity appeal – Fail to inform, by statutory declaration within 21 days of the service of a penalty notice, of the name and address of a person in charge of a vehicle at the time of a designated offence – Appellant operated national fleet leasing and management company – Appellant's internal computerised search of vehicle did not reveal ownership of subject vehicle – When ownership discovered, person in charge of vehicle paid penalty - Appellant has updated its system to prevent future error – No prior conviction for almost 19 years – Section 10 dismissal Category: Principal judgment Parties: Fleet Partners Pty Ltd (Appellant) Crown (Respondent) Representation: Counsel: Mr Jordan SC (Appellant) Mr A Wozniak (Respondent)

Solicitors: Giddy and Crittenden (Appellant) Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2014/364399 Publication restriction: No Decision under appeal Court or tribunal: Downing Centre Local Court Jurisdiction: Crime Date of Decision: 7 July 2015 Before: Richardson LCM File Number(s): 2014/364399