Robinson v RMS

District Court

New South Wales

Medium Neutral Citation:	Robinson v RMS [2016] NSWDC 277
Hearing dates:	15 February 2016
Date of orders:	15 February 2016
Decision date:	15 February 2016
Jurisdiction:	Criminal
Before:	Neilson DCJ
Decision:	Appeal dismissed  Appellant to pay Respondent’s costs of $6,118
Catchwords:	CRIMINAL LAW – Road Transport Legislation – Costs – Appeal against conviction and sentence – Conviction appeal abandoned – Appeal against sentence dismissed – Application by respondent for costs CRIMINAL LAW – Speeding offence – Camera detected – Driving at 60kph in 50kph zone – Penalty notice for $109 – Contested by motorist – Motorist sought to argue, unsuccessfully that speed camera did not comply with National Measurement Act 1960 (Cth) – Conviction recorded and motorist fined $109 and ordered to pay RMS’s costs of $1,771 – Appeal initially limited to imposition of costs order but appellant sought and granted leave to appeal against conviction – Appeal against conviction later abandoned – Appeal against sentence dismissed – Appellant to pay RMS’s costs of $6,118
Legislation Cited:	Crimes (Appeal and Review) Act 2001
Cases Cited:	Anastasiou v The Police [2013] SASC 112 Crabbe v The Queensland Police Service [2013] QDC 122 Director General of Department of Agriculture v Temmingh [2003] NSWSC 598 Kuipers Lloyd v The Police [2013] SASC 137 Latoudis v Casey (1990) 170 CLR 534 Ohn v Walton (1995) 36 NSWLR 77 at 79
Category:	Principal judgment
Parties:	Garry Robinson (Applicant) Roads & Maritime Services (NSW) (Respondent)
Representation:	In person (Applicant) Mr A Wozniak (NSW) (Respondent)
File Number(s):	2015/75227
Publication restriction:	No

Judgment

1. HIS HONOUR: This is an application under s 28(3) of the Crimes (Appeal and Review) Act 2001 by a successful respondent in an appeal under that Act for costs against the unsuccessful appellant. The appellant, Mr Garry Robinson, I shall refer to hereafter as the motorist. The respondent to the appeal is Roads and Maritime Services to whom I shall refer hereafter as RMS.

2. On Sunday, 7 December 2014 the motorist was driving his motor vehicle, a silver Subaru panel van, registered number BIX 09E, on Macpherson Street, Mosman. On that section of Macpherson Street, between Montague Road and Ourimbah Road, an RMS speed camera detected the motorist’s car being driven at 60 kilometres per hour in a zone where the speed limit was 50 kilometres per hour. There is no dispute that not only was the motorist the owner of the Subaru panel van, but he was also its driver at the relevant time. The offence is alleged to have occurred at 11.11am.

3. On 12 December 2014 the Office of State Revenue sent a penalty notice to the motorist imposing a penalty of $109. The notice issued on 12 December 2014 was due to be paid by 9 January 2015. The motorist sent a lengthy letter of two and a half pages to the State Debt Recovery Office (SDRO) on 4 January 2015. On 29 January 2015 the SDRO advised the motorist that the penalty notice had, in its…