Application by Mouhammed Masri for removal of driver licence disqualification [2018] NSWLC 16

Application by Mouhammed Masri for removal of driver licence disqualification [2018] NSWLC 16

Applicant may lodge the application, but since he was convicted of a driving offence for conduct during the relevant offence-free period, the Local Court lacks jurisdiction to grant the order until two years have elapsed from the date of conviction.

Jurisdiction
Australia
Judgment Date
31 August 2018
Procedural Posture
Application for Removal of Driver Licence Disqualification / Decision
Outcome
Application dismissed for lack of jurisdiction until two years have passed from date of conviction.
Legal Topics
['application for Removal of Licence Disqualification' 'relevant Offence Free Period' 'date for Calculation of Threshold' 'jurisdictional Eligibility']
['criminal Law' 'road Transport Law'] ['application for Removal of Licence Disqualification' 'relevant Offence Free Period' 'date for Calculation of Threshold' 'jurisdictional Eligibility']

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Procedural Posture

Application for Removal of Driver Licence Disqualification / Decision

Legal Issues

  1. 1 ['Whether the relevant date for calculation of offence-free period is the date of offence or date of conviction' 'Whether applicant is precluded from making application due to commission of offence during offence-free period' 'Whether Local Court is invested with jurisdiction to consider application under s 221B(1)(a)']

Ratio Decidendi

Applicant may lodge the application, but since he was convicted of a driving offence for conduct during the relevant offence-free period, the Local Court lacks jurisdiction to grant the order until two years have elapsed from the date of conviction.

Court Disposition

Application dismissed for lack of jurisdiction until two years have passed from date of conviction.

Orders

  • ["Local Court cannot deal with Masri's application until two years have passed from 25 October 2016."]