Nicoll v Booth

[2006] QDC 255

[2006] QDC 255

DISTRICT COURT

APPELLATE JURISDICTION

JUDGE ROBIN QC

No 4246 of 2005

IAN DAVID NICOLL	Appellant
and
CHRISTOPHER FRANCIS BOOTH	Respondent

BRISBANE

..DATE 05/06/2006

ORDER

CATCHWORDS: Appeal under s 222 of the Justices Act 1886 against sentence for a speeding offence to the extent that a 6 month disqualification from holding a driving licence was included - effect of that order was to extend the 6 month automatic statutory disqualification, contrary to the Magistrate's presumed intention.

HIS HONOUR: In this sentence appeal under s 222 of the

Justices Act 1886 the Court makes an order in terms

of the initialled draft which allows an appeal to the extent

that a period of disqualification of six months imposed by a

Magistrate on 7 November 2005 in respect of an offence of

driving at a speed more than 40 kilometres per hour above the

limit (in an 80 kph zone) be removed.  The six months disqualification pronounced by the Magistrate was of the same duration as an automatic statutory disqualification.  The effect of the order being pronounced, however, given that it took effect immediately, whereas the statutory one begins to have effect only on the taking of steps within the relevant department, was that the disqualification in the end result would be considerably longer than the six months which it seems to be common ground the Magistrate envisaged as representing the justice of the case.

By consent, order in terms of the initialled draft.

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