R v El Kerhani [2021] NSWLC 14

R v El Kerhani [2021] NSWLC 14

Both driving offences are to be treated as first offences as the convictions are entered contemporaneously and treated as occurring at the same time, in line with the principle that multiple convictions in the same proceedings occur simultaneously.

Parties
Prosecutor: Regina (Crown); Accused: Ahmad El Kerhani
Jurisdiction
Australia
Judgment Date
22 December 2021
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Both offences treated as first offences. $500 fine imposed for each offence. Disqualification from holding a driver's/rider's license for 6 months from 1 December 2021. Amendments to treat the second offence as a subsequent offence refused.
Legal Topics
Sentencing Multiple Offences, Disqualification of Licence, Definition of Second or Subsequent Offence
Criminal Law Traffic Law Sentencing Multiple Offences Disqualification of Licence Definition of Second or Subsequent Offence

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Parties

Regina (Crown)

Prosecutor

Ahmad El Kerhani

Accused

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether the two driving offences constitute first or subsequent offences for the purpose of sentencing and disqualification
  2. 2 Interpretation of legislative provisions concerning second or subsequent offences

Ratio Decidendi

Both driving offences are to be treated as first offences as the convictions are entered contemporaneously and treated as occurring at the same time, in line with the principle that multiple convictions in the same proceedings occur simultaneously.

Court Disposition

Both offences treated as first offences. $500 fine imposed for each offence. Disqualification from holding a driver's/rider's license for 6 months from 1 December 2021. Amendments to treat the second offence as a subsequent offence refused.

Orders

  • The Defendant is ordered to pay a $500.00 fine.
  • The Court disqualified the defendant from holding a driver's/rider's license for 6 months from 1 December 2021.