Nikro v O'Sullivan

Abdul Karim Nikro appealed against a conviction and sentence imposed on him by Special Magistrate Lunney on 27 January 2012 for the offence of driving a motor cycle on a public road on 6 January 2011 when his driver licence was suspended by operation of law. The appeal came on for hearing before Acting Justice Nield on 17 May 2013. The appellant had previously appealed against the conviction and sentence on the basis that the verdict was unsafe and unsatisfactory and that his Honour erred by failing to sentence the appellant according to law. The appellant subsequently sought leave to adduce further evidence in relation to the conviction and sentence. Acting Justice Nield refused to grant leave to adduce the further evidence, dismissed the appeal, confirmed the conviction and sentence, disqualified the appellant from holding or obtaining a driver’s licence for 12 months and allowed 14 days for the payment of the fine. The court found that there was no reasonable explanation for the failure to adduce the evidence of the defect in the notice of confirmation of suspension of the appellant’s driver licence during the hearing before the Magistrate. The court also found that the valid suspension of the appellant’s driver licence on 15 November 2010 was not rendered invalid by the defective notice of confirmation of suspension of driver licence sent on 18 November 2010. The court held that the conviction was safe and satisfactory and that there was no error in the sentence imposed by the Magistrate.