ABDUL NIKRO v JANE BRIDGET O’SULLIVAN
[2013] ACTSC 129 (4 July 2013)
Road Transport (General) Act 1999 (ACT)
Road Transport (Driver Licensing) Regulation 2000 (ACT)
Road Transport (Vehicle Registration) Act 1999 (AC)
Road Transport (Third Party Insurance) Act 2008 (ACT)
Road Transport (Driver Licensing) Act 1999 (ACT)
Road Transport Act 1974 (WA)
Magistrates Court Act 1930 (ACT)
Crimes (Sentencing) Act 2005 (ACT)
Barratt v Merhi [2013] ACTSC 125
Proudman v Dayman (1941) 67 CLR 536
Auburton v Western Australia (2006) 167 A Crim R 1
EX TEMPORE JUDGMENT
ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. SCA 8 of 2012
Judge:Nield AJ
Supreme Court of the ACT
Date:4 July 2013
IN THE SUPREME COURT OF THE )
)No. SCA 8 of 2012
AUSTRALIAN CAPITAL TERRITORY )
ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:ABDUL NIKRO
Appellant
AND: JANE BRIDGET O’SULLIVAN
Respondent
ORDER
Judge:Nield AJ
Date:4 July 2013
Place:Canberra
THE COURT ORDERS THAT:
I refuse to grant leave to the appellant to adduce the further evidence.
I dismiss the appeal.
I confirm Magistrate Lunney’s conviction and sentence, that being a fine of $500.
I disqualify the appellant from holding or obtaining a driver licence for 12 months from 1 July 2013 to and including 30 June 2014.
I allow 14 days from today for the payment of the fine.
The appellant is Mr Abdul Karim Nikro. He has appealed from a decision of Special Magistrate Lunney made on 27 January 2012 finding him to be guilty of driving a motor cycle on a public road on 6 January 2011 when his driver licence was suspended by operation of law, convicting him of the offence, fining him $500 for having committed the offence and disqualifying him from holding or obtaining a driver licence for 12 months.
The respondent is the Crown.
The facts which brought the appellant before the Magistrates Court are not in dispute. The following facts are contained in the evidence adduced before Magistrate Lunney.
On 31 July 2010 an image of a motor vehicle owned or being driven by the appellant was captured by a camera in the commission of a traffic offence, the type of which is not revealed by the evidence. Later, on a date not revealed by the evidence, but during August 2010, an infringement notice (see section 24 of the Road Transport (General) Act) was sent by the RTA by prepaid post to the appellant at his home address (see section 139(1) of the Road Transport (Driver Licensing) Regulation and see also my judgment in Barratt v Merhi [2013] ACTSC 125) recorded in the register kept by the RTA (see section 14 of the Road Transport (Driver Licensing) Regulation), namely X Buggy Crescent, McKellar, ACT. The notice is presumed to have been served on the appellant four days after the date on which the notice was posted (see section 9B of the Road Transport (General) Regulation
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