Sullivan v Senior Constable D Moore & Ors [2008] NSWCA 160

Sullivan v Senior Constable D Moore & Ors [2008] NSWCA 160

The summons was dismissed because there is no right of appeal from the District Court’s decision on an appeal under s 11 of the Crimes (Appeal and Review) Act 2001, and the District Court acted within its jurisdiction in finding the appellant was not entitled to drive in NSW on a UK licence.

Jurisdiction
Australia
Judgment Date
04 July 2008
Procedural Posture
Judicial Review / Appeal / Court of Appeal Judgment
Outcome
Summons dismissed with costs
Legal Topics
['appeals From Conviction' 'judicial Review' 'driver Licensing' 'jurisdiction of District Court']
['criminal Law' 'administrative Law'] ['appeals From Conviction' 'judicial Review' 'driver Licensing' 'jurisdiction of District Court']

Case Brief

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Procedural Posture

Judicial Review / Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether there is a right of appeal to the Court of Appeal from District Court decisions under s 11 of the Crimes (Appeal and Review) Act 2001' 'Whether the District Court acted in excess of jurisdiction when confirming conviction for driving without a New South Wales licence' 'Whether s 10(1)(a) Crimes (Sentencing Procedure) Act 1999 provides a right of appeal to the Court of Appeal']

Ratio Decidendi

The summons was dismissed because there is no right of appeal from the District Court’s decision on an appeal under s 11 of the Crimes (Appeal and Review) Act 2001, and the District Court acted within its jurisdiction in finding the appellant was not entitled to drive in NSW on a UK licence.

Court Disposition

Summons dismissed with costs

Orders

  • ['The summons is dismissed with costs']