Where the Magistrates Court exercises its discretion to reduce a statutory default period of licence disqualification, the Supreme Court has jurisdiction under s 208(1)(d) of the Magistrates Court Act 1930 (ACT) to hear an appeal against that aspect of the sentence; but where the court does not reduce the default period, there is no such jurisdiction. An appeal seeking a non-conviction order under s 17 of the Crimes (Sentencing) Act 2005 (ACT) should be brought as an appeal against conviction under s 208(1)(b), construed conformably with s 22(4) of the Human Rights Act 2004 (ACT). The court's earlier decision in Barac v Thexton is corrected on three points.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.