NSW Police v Johnson [2017] NSWLC 5

NSW Police v Johnson [2017] NSWLC 5

The court was satisfied beyond reasonable doubt that the roads within Murrin Bridge were both open to and used by the public. The welcome sign amounted to at least an implied invitation to the public, there was no gate, warning sign or access restriction, the roads appeared like ordinary sealed roads, facilities and residences generated regular use by persons including non-residents, and there was no evidence that members of the public were asked to leave. Accordingly Nyampaa Street was a road for the purposes of the Road Transport Act 2013 and the defendant, who was agreed to have driven while disqualified, was guilty.

Jurisdiction
Australia
Judgment Date
05 April 2017
Procedural Posture
Criminal Prosecution for Driving on a Road During a Period of Disqualification / Hearing After Plea of Not Guilty; Principal Judgment on Guilt
Outcome
The defendant was found guilty of driving on a road whilst disqualified.
Legal Topics
['driving While Disqualified' 'meaning of Road and Road Related Area' 'aboriginal Land Council Land' 'open to or Used by the Public' 'express or Implied Invitation to Enter']
['criminal Law' 'road Transport Law'] ['driving While Disqualified' 'meaning of Road and Road Related Area' 'aboriginal Land Council Land' 'open to or Used by the Public' 'express or Implied Invitation to Enter']

Case Brief

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Procedural Posture

Criminal Prosecution for Driving on a Road During a Period of Disqualification / Hearing After Plea of Not Guilty; Principal Judgment on Guilt

Legal Issues

  1. 1 ['Whether Nyampaa Street and the roads within Murrin Bridge were a road or road related area within the Road Transport Act 2013 because they were open to or used by the public.' 'Whether the fact that Murrin Bridge was owned by the Murrin Bridge Local Aboriginal Land Council prevented the roads from being open to or used by the public.']

Ratio Decidendi

The court was satisfied beyond reasonable doubt that the roads within Murrin Bridge were both open to and used by the public. The welcome sign amounted to at least an implied invitation to the public, there was no gate, warning sign or access restriction, the roads appeared like ordinary sealed roads, facilities and residences generated regular use by persons including non-residents, and there was no evidence that members of the public were asked to leave. Accordingly Nyampaa Street was a road for the purposes of the Road Transport Act 2013 and the defendant, who was agreed to have driven while disqualified, was guilty.

Court Disposition

The defendant was found guilty of driving on a road whilst disqualified.

Orders

  • ['The defendant is guilty of driving on a road whilst disqualified.']