Director of Public Prosecutions (NSW) v Kmetyk (No 2) [2018] NSWCA 195

Director of Public Prosecutions (NSW) v Kmetyk (No 2) [2018] NSWCA 195

Where an appeal is brought against sentence only and not conviction, the stay of execution effected by s 63 of the Crimes (Appeal and Review) Act 2001 does not apply to a statutory automatic disqualification period arising by reason of the conviction; accordingly, Ms Kmetyk's statutory disqualification period ran from 1 November 2017 to 31 October 2018.

Jurisdiction
Australia
Judgment Date
03 September 2018
Procedural Posture
Notice of Motion (consequential Orders) / Post Appeal Determination (consequential Orders)
Outcome
Application for further orders dismissed (except leave to be heard granted)
Legal Topics
['statutory Disqualification Upon Conviction' 'appeals Against Sentence' 'automatic Stay of Execution' 'interpretation of Road Transport Act 2013 S 54 and Crimes (appeal and Review) Act 2001 S 63']
['traffic Law' 'criminal Law' 'statutory Interpretation'] ['statutory Disqualification Upon Conviction' 'appeals Against Sentence' 'automatic Stay of Execution' 'interpretation of Road Transport Act 2013 S 54 and Crimes (appeal and Review) Act 2001 S 63']

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Procedural Posture

Notice of Motion (consequential Orders) / Post Appeal Determination (consequential Orders)

Legal Issues

  1. 1 ['Whether s 63 of the Crimes (Appeal and Review) Act 2001 (NSW) effects a stay of the automatic disqualification upon appeal against sentence only, and the consequent operation of the disqualification period']

Ratio Decidendi

Where an appeal is brought against sentence only and not conviction, the stay of execution effected by s 63 of the Crimes (Appeal and Review) Act 2001 does not apply to a statutory automatic disqualification period arising by reason of the conviction; accordingly, Ms Kmetyk's statutory disqualification period ran from 1 November 2017 to 31 October 2018.

Court Disposition

Application for further orders dismissed (except leave to be heard granted)

Orders

  • ['Grant leave to the applicant to be heard in support of further orders.' 'Otherwise dismiss the notice of motion filed on 8 August 2018.' 'No order as to costs.']