Director of Public Prosecutions (NSW) v Kmetyk (No 2) [2018] NSWCA 195

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (NSW) v Kmetyk (No 2) [2018] NSWCA 195 Hearing dates: On the papers Decision date: 03 September 2018 Before: Meagher JA; Leeming JA; Sackville AJA Decision: 1. Grant leave to the applicant to be heard in support of further orders.

2. Otherwise dismiss the notice of motion filed on 8 August 2018.

3. No order as to costs, with the intention that the parties bear their own costs. Catchwords: TRAFFIC LAW – statutory disqualification upon conviction for driving while disqualified – appeal against sentence – whether automatic stay of execution applied to disqualification consequence upon unchallenged conviction – Road Transport Act 2013 ss 54 and 207 – Crimes (Appeal and Review) Act 2001, s 63 Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 63 Crimes (Sentencing Procedure) Act 1999 (NSW), s 10 Justices Act 1902 (NSW), ss 105, 127 Road Transport Act 2013 (NSW), ss 54, 207 Cases Cited: Director of Public Prosecutions (NSW) v Kmetyk [2018] NSWCA 156 Roads and Traffic Authority of NSW v Higginson [2011] NSWCA 151 Category: Consequential orders (other than Costs) Parties: Director of Public Prosecutions (NSW) (Applicant) Alison Lee Kmetyk (First Respondent) District Court of NSW (Second Respondent) Representation: Counsel: A Mitchelmore (Applicant)

Solicitors: Solicitor for Public Prosecutions (Applicant) Hepmac Lawyers (First Respondent) Crown Solicitor (Second Respondent, submitting) File Number(s): 2018/69346 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Citation: Nil Date of Decision: 04 December 2017 Before: His Honour Judge Ellis DCJ File Number(s): 2017/00246292