Mackenzie v R [2021] NSWDC 764

Mackenzie v R [2021] NSWDC 764

Because the offence carried no mandatory disqualification and the six-month disqualification would have a major impact on the appellant's businesses and ability to derive income, particularly when combined with the practical effect of the appeal stay, the disqualification period was severe in light of the appellant's personal circumstances and should be set aside.

Jurisdiction
Australia
Judgment Date
23 February 2021
Procedural Posture
Criminal Sentence Appeal / Appeal Against Severity of Sentence From the Local Court at Manly
Outcome
Appeal allowed as to the driver licence disqualification period; the disqualification period for the sequence 3 offence was set aside.
Legal Topics
['driving Offence' 'failing to Give Way to a Pedestrian When Making a Left Hand Turn' 'driver Licence Disqualification' 'severity Appeal']
['criminal Law' 'traffic Law' 'sentencing'] ['driving Offence' 'failing to Give Way to a Pedestrian When Making a Left Hand Turn' 'driver Licence Disqualification' 'severity Appeal']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Appeal Against Severity of Sentence From the Local Court at Manly

Legal Issues

  1. 1 ['Whether the discretionary six-month driver licence disqualification imposed for an offence against r 62(1)(b)(ii) of the Road Rules 2014 should be set aside on a severity appeal.' "Whether the impact of the disqualification on the appellant's businesses and ability to earn income made the disqualification period too severe."]

Ratio Decidendi

Because the offence carried no mandatory disqualification and the six-month disqualification would have a major impact on the appellant's businesses and ability to derive income, particularly when combined with the practical effect of the appeal stay, the disqualification period was severe in light of the appellant's personal circumstances and should be set aside.

Court Disposition

Appeal allowed as to the driver licence disqualification period; the disqualification period for the sequence 3 offence was set aside.

Orders

  • ['The disqualification period imposed by the Local Court at Manly for the sequence 3 offence is set aside.']