Director of Public Prosecutions (NSW) v Kmetyk (No 2)

[2018] NSWCA 195

NSW Court of Appeal

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Interrogate

Catchwords

1. Traffic Law
2. › Statutory disqualification
3. › Automatic disqualification upon conviction for driving while disqualified
4. › Appeal against sentence
5. › Whether automatic stay of execution applied to disqualification consequence upon unchallenged conviction
6. › Road Transport Act 2013 (NSW), ss 54, 207
7. › Crimes (Appeal and Review) Act 2001 (NSW), s 63

Quick Take

An appeal against sentence only does not stay an automatic statutory disqualification imposed upon conviction under s 54(8) of the Road Transport Act 2013 (NSW); the stay under s 63 of the Crimes (Appeal and Review) Act 2001 (NSW) applies only to sentences, penalties or disqualifications in respect of which the appeal is brought.

Case Details

Citation[2018] NSWCA 195

CourtNSWCA

JurisdictionNew South Wales

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Relies on2

2018Director of Public Prosecutions (NSW) v KmetykNSWCA 156
2011Roads and Traffic Authority of NSW v HigginsonNSWCA 151

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