Alagendram v R [2016] NSWDC 279

District Court New South Wales

Medium Neutral Citation: Alagendram v R [2016] NSWDC 279 Hearing dates: 6 - 7 September 2016 Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction: Criminal Before: Neilson DCJ Decision: Minimum initial disqualification period pursuant to s 211(1)(a) and the minimum interlock licence period 211(1)(b) set aside

In lieu thereof an interlock exemption order pursuant to s 212 imposed

Appellant disqualified from driving for a period of 2 years and 6 months

Section 225 of the Road Transport Act 2013 applies

Otherwise the appeal is dismissed Catchwords: CRIMINAL LAW – Appeal against severity of sentence – Application under Mental Health (Forensic Provisions) Act 1990, s32 – Whether appellant satisfied requirements of s 32(1)(b) – Whether appellant's driving with high range PCA explicable by his mental illness (PTSD and/or Major Depressive Disorder) – Mandatory interlock licence order set aside and replaced with interlock exemption order where appellant had disposed of his vehicle and had no intention of driving again Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Road Transport Act 2013 Category: Principal judgment Parties: Kamaleswaran Alagendram (Appellant) Director of Public Prosecutions (NSW) (Respondent) Representation: In person (Appellant) Solicitor for the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2016/4007 Publication restriction: No Decision under appeal Court or tribunal: Burwood Local Court Jurisdiction: Criminal Date of Decision: 22 February 2016 Before: Trad LCM File Number(s): 2016/4007