Robinson v RMS [2016] NSWDC 277

District Court New South Wales

Medium Neutral Citation: Robinson v RMS [2016] NSWDC 277 Hearing dates: 15 February 2016 Date of orders: 15 February 2016 Decision date: 15 February 2016 Jurisdiction: Criminal Before: Neilson DCJ Decision: Appeal dismissed

Appellant to pay Respondent's costs of $6,118 Catchwords: CRIMINAL LAW – Road Transport Legislation – Costs – Appeal against conviction and sentence – Conviction appeal abandoned – Appeal against sentence dismissed – Application by respondent for costs

CRIMINAL LAW – Speeding offence – Camera detected – Driving at 60kph in 50kph zone – Penalty notice for $109 – Contested by motorist – Motorist sought to argue, unsuccessfully that speed camera did not comply with National Measurement Act 1960 (Cth) – Conviction recorded and motorist fined $109 and ordered to pay RMS's costs of $1,771 – Appeal initially limited to imposition of costs order but appellant sought and granted leave to appeal against conviction – Appeal against conviction later abandoned – Appeal against sentence dismissed – Appellant to pay RMS's costs of $6,118 Legislation Cited: Crimes (Appeal and Review) Act 2001 Cases Cited: Anastasiou v The Police [2013] SASC 112 Crabbe v The Queensland Police Service [2013] QDC 122 Director General of Department of Agriculture v Temmingh [2003] NSWSC 598 Kuipers Lloyd v The Police [2013] SASC 137 Latoudis v Casey (1990) 170 CLR 534 Ohn v Walton (1995) 36 NSWLR 77 at 79 Category: Principal judgment Parties: Garry Robinson (Applicant) Roads & Maritime Services (NSW) (Respondent) Representation: In person (Applicant) Mr A Wozniak (NSW) (Respondent) File Number(s): 2015/75227 Publication restriction: No