R v Stephen Roy IOVINO [2009] NSWDC 260

R v Stephen Roy IOVINO [2009] NSWDC 260

The appellant's Northern Territory licence was suspended when he drove in New South Wales on 7 January 2009. Giving s 25A(2) and s 25A(9) of the Road Transport (Driver Licensing) Act 1998 their ordinary meaning, those provisions applied to a person whose licence was suspended under the law of another State or Territory, regardless of the reason for suspension. The Northern Territory deeming provision meant the appellant could be treated as unlicensed in that jurisdiction, but it did not alter the fact that his licence was suspended. The conviction appeal therefore failed, but the sentence appeal succeeded because the circumstances, including fine-default suspension, the appellant's period...

Jurisdiction
Australia
Judgment Date
11 August 2009
Procedural Posture
Criminal Appeal Against Conviction and Sentence / District Court Appeal From Local Court Conviction and Sentence; Application for Leave to Appeal From Conviction
Outcome
Leave to appeal from the conviction granted; conviction appeal dismissed; sentence appeal allowed; conviction, fine, costs order and disqualification set aside; appellant discharged under s 10(1)(b) on a good behaviour bond for 12 months.
Legal Topics
['driving While Suspended' 'interstate Driver Licence Suspension' 'fine Default Licence Suspension' 'statutory Interpretation' 'leave to Appeal' 'section 10 Dismissal or Conditional Discharge']
['criminal Law' 'road Transport Law' 'sentencing'] ['driving While Suspended' 'interstate Driver Licence Suspension' 'fine Default Licence Suspension' 'statutory Interpretation' 'leave to Appeal' 'section 10 Dismissal or Conditional Discharge']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Sentence / District Court Appeal From Local Court Conviction and Sentence; Application for Leave to Appeal From Conviction

Legal Issues

  1. 1 ['Whether a driver whose Northern Territory licence was suspended for fine default, and who was taken under Northern Territory law not to hold a licence during the suspension, was a person whose driver licence was suspended for the purposes of s 25A(2)(a) of the Road Transport (Driver Licensing) Act 1998 when driving in New South Wales.' 'Whether later amendments to s 25A concerning suspensions under s 66 of the Fines Act 1996 informed the construction of s 25A as it stood on 7 January 2009.' 'Whether applying s 25A(2) and s 25A(9) to the appellant involved an impermissible extraterritorial exercise of New South Wales legislative power.' 'What sentence should be imposed after the conviction appeal was dismissed.']

Ratio Decidendi

The appellant's Northern Territory licence was suspended when he drove in New South Wales on 7 January 2009. Giving s 25A(2) and s 25A(9) of the Road Transport (Driver Licensing) Act 1998 their ordinary meaning, those provisions applied to a person whose licence was suspended under the law of another State or Territory, regardless of the reason for suspension. The Northern Territory deeming provision meant the appellant could be treated as unlicensed in that jurisdiction, but it did not alter the fact that his licence was suspended. The conviction appeal therefore failed, but the sentence appeal succeeded because the circumstances, including fine-default suspension, the appellant's period...

Court Disposition

Leave to appeal from the conviction granted; conviction appeal dismissed; sentence appeal allowed; conviction, fine, costs order and disqualification set aside; appellant discharged under s 10(1)(b) on a good behaviour bond for 12 months.

Orders

  • ['Leave to appeal from the conviction is granted.' 'The appeal is dismissed.' 'Allow the appeal from sentence.' 'Set aside the conviction and the fine and order for costs, and the order for disqualification.' 'In lieu thereof, discharge the appellant pursuant to s 10(1)(b) of the Crimes (Sentencing Procedure) Act,...