Kilgariff v R [2015] NSWDC 414

District Court New South Wales

Medium Neutral Citation: Kilgariff v R [2015] NSWDC 414 Hearing dates: 15 December 2015 Date of orders: 15 December 2015 Decision date: 15 December 2015 Jurisdiction: Criminal Before: Neilson DCJ Decision: Appeal allowed

Conviction recorded and the sentence passed by the Local Court at Sutherland on 2 February 2015 set aside Catchwords: CRIMINAL LAW – Conviction and severity appeal – Driving unregistered vehicle – Appellant's vehicle due for registration on 19 June 2014. On 5 June 2014 Appellant advised RMS that his addressed had changed. RMS had already sent notification of registration renewal to previous address. On 2 July 2014 appellant received traffic infringement notice for driving an unregistered vehicle, RMS sent reminder notice to correct address on 9 July 2014 – Appellant did not receive notice of registration renewal before expiration of registration. However vehicle had registration label affixed notifying of the expiration date – Appellant did not routinely check registration label – Whether honest and reasonable mistake of fact Category: Principal judgment Parties: Ian Warner Kilgariff (Appellant) Director of Public Prosecutions (NSW) (Respondent) Representation: Ms Haddad (Appellant) Solicitor for the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2014/292311 Publication restriction: No Decision under appeal Court or tribunal: Sutherland Local Court Jurisdiction: Criminal Date of Decision: 2 February 2014 Before: Trad LCM File Number(s): 2014/292311