Chan, Youlang v R [2009] NSWDC 242

Chan, Youlang v R [2009] NSWDC 242

Because the order under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 did not constitute a conviction, the magistrate had no power to impose a disqualification upon the appellant pursuant to s 25A(7) Road Transport (Driver Licensing) Act 1998, nor does the Road and Traffic Authority have such a power without a conviction.

Parties
Appellant: Youlang Chan; Respondent: Regina
Jurisdiction
Australia
Judgment Date
17 August 2009
Procedural Posture
Criminal Sentence Appeal / Appeal Against Disqualification Order Following S 10(1)(a) Crimes (sentencing Procedure) Act Dismissal
Outcome
Appeal upheld
Legal Topics
Driver Disqualification, Application of S 10 Crimes (sentencing Procedure) Act, Effect of Non Conviction Orders, Powers of Roads and Traffic Authority
Criminal Law Traffic Law Driver Disqualification Application of S 10 Crimes (sentencing Procedure) Act Effect of Non Conviction Orders Powers of Roads and Traffic Authority

Case Brief

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Parties

Youlang Chan

Appellant

Regina

Respondent

Procedural Posture

Criminal Sentence Appeal / Appeal Against Disqualification Order Following S 10(1)(a) Crimes (sentencing Procedure) Act Dismissal

Legal Issues

  1. 1 Whether a disqualification order can be imposed where a finding of guilt is made but s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 is applied (no conviction)
  2. 2 Whether Roads and Traffic Authority has power to impose a disqualification in such circumstances

Ratio Decidendi

Because the order under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 did not constitute a conviction, the magistrate had no power to impose a disqualification upon the appellant pursuant to s 25A(7) Road Transport (Driver Licensing) Act 1998, nor does the Road and Traffic Authority have such a power without a conviction.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • The disqualification order of the learned magistrate for twelve months is discharged.