A driver's licence suspension under s 205 of the Road Transport (General) Act 2005 (NSW) is validly triggered by the laying of a charge, not by conviction, and the subsequent withdrawal of the charge does not retrospectively invalidate the suspension for the period it was in force. No appeal lies to the Court of Appeal from a decision of the District Court in its criminal jurisdiction, but the supervisory jurisdiction of the Supreme Court remains available, subject to s 176 of the District Court Act 1973 requiring jurisdictional error. The question whether a suspension notice could be challenged on the basis that the police officer lacked the requisite suspicion when laying the charge was left open.
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