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  • Writer's pictureGeoff Harrison

License Appeals


Published by Geoff Harrison | 11 July 2023


Transport for NSW (Controlled by the Transport Secretary) may suspend or cancel a learner or provisional licence holder if they have accrued the "threshold number of demerit point" as per s40 of the Road Transport Act 2013 ('the Act'). A learner or P1 licence holder has four demerit points, whilst a P2 licence holder has 7 demerit points. Demerit Point Offences are prescribed and set out at schedule 1 of the Road Transport (Driver Licensing) Regulation 2017. Significantly, any speeding offence for a leaner, P1 pr P2 licence carries four demerit points - which would lead to a suspension for a learner or P1 licence holder for a period of 3 months (s59(4)(a) of the Act).


Unrestricted and professional license holders have 13 and 14 demerit points respectively and are unable to appeal, as the suspension happens by operation of law. Transport for NSW must suspend the licesne if the threshold number of demerit points are reached for an unrestricted or professional driver. Learners, P1 and P2 license holder have either 4 or 7 points as stated above and are able to appeal to the Local Court against any suspension or cancellation; as the decision is discretionary (see ss39 & 40 of the Act). However, the Local Court can only make a decsion that the decision-maker could have exercised under the road transport legislation when making that decision ie. the same decisions as Transport for NSW (see s268(3) of the Act).


The decisions that a magistrate can make in relation to appeal are as follows:

  • set aside the decision, or

  • vary the decision, or

  • dismiss the appeal, or

  • make such other order as seems just to the Court in the circumstances.

A learner, P1 or P2 licence holders points are deleted upon determination of the appeal (s41A(1)(c) of the Act). Hence, the license holder will start over again with the threshold number of points (this is separate from any suspension period). If a driver incurs the threshold number of demerit points on 2 occasions within a 5 year period, Transport for NSW may require a driver to complete a driver knowledge test or driver education course (s43A of the Act).


If a licence holder has more than once offence before the courts at the same time, then it is advisable that all matters be dealt with at the same time. A magistrate has discretion to disqualify a person from holding a drivers licence upon conviction, for such period as specified (see s204(1) of the Act). The case of R v Ahmed (below) is persuasive authority, that where a conviction is entered for two offences on the same day, that both offence should be treated as first offences.


_________________________________________________________________________________


"threshold number of demerit points" means--

(a) for the holder of a learner licence or a provisional P1 licence--4 or more demerit points, and

(b) for the holder of a provisional P2 licence--7 or more demerit points, and

(c) for the holder of an unrestricted driver licence (other than a professional driver)--13 or more demerit points, and

(d) for the holder of an unrestricted driver licence who is a professional driver--14 or more demerit points.


33 SUSPENSION OF LICENCE


(cf DL Act, s 16(2)-(6))


(1) Transport for NSW must give a notice of licence suspension to the holder of an unrestricted driver licence who incurs 13 or more demerit points (or in the case of a professional driver 14 or more demerit points) within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.


(2) Despite subsection (1), Transport for NSW is not required to take action under that subsection if it is of the opinion that--

(a) it would be unreasonable to do so, having regard to the date when any relevant offence was committed, or

(b) it would be more appropriate for the person to be dealt with under section 34(2) or 35.


(3) The notice of licence suspension must specify the date on which the suspension is to take effect and must contain any other matters specified by the statutory rules. The date specified must not be earlier than 28 days after the notice is given.


(4) The period of licence suspension under subsection (1) is the period applicable under the following table--


LICENCE SUSPENSION FOR DEMERIT POINTS


Number of demerit points incurred within previous 3 years Period of licence suspension

13 (or 14 in the case of a professional driver) to 15 3 months

16 to 19 4 months

20 or more 5 months


(5) If a person who has been served with a notice of licence suspension does not make an election under section 36, all driver licences held by the person are suspended for the period applicable under this section on and from the date specified in the notice.


DIVISION 3 - CONSEQUENCES FOR LEARNER OR PROVISIONAL LICENCE HOLDERS WHO INCUR DEMERIT POINTS


39 CONSEQUENCES GENERALLY


(cf DL Act, s 17A)


If the holder of a learner licence or a provisional licence incurs the threshold number of demerit points within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person, Transport for NSW may--


(a) issue a notice of suspension or cancellation of licence under section 40, or

(b) if the person subsequently applies for a driver licence--

(i) refuse the application and issue a notice of licence ineligibility under section 41, or

(ii) where the driver licence applied for is a learner or provisional licence--grant the licence and issue a notice of suspension or cancellation of licence under section 40.

Note : The expression

"threshold number of demerit points" for the holder of a learner licence or the holder of a provisional licence is defined in section 4(1).


40 SUSPENSION OR CANCELLATION OF LICENCE


(cf DL Act, s 17B)


(1) Transport for NSW may give a notice of licence suspension or cancellation to the holder of a learner licence or a provisional licence who incurs the threshold number of demerit points within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.


(2) A notice of licence suspension must specify the date on which the suspension is to take effect and any driver licence to which the notice applies, and must contain any other matters specified by the statutory rules. The date specified must not be earlier than 28 days after the notice is given.


(3) If a person is served with a notice of licence suspension under this section, all driver licences held by the person in relation to which the threshold number of demerit points is the same or lower than the number of demerit points taken into account for the purposes of the notice, are suspended on and from the date, and for the period, specified in the notice.


(6) The statutory rules may make provision for or with respect to the following matters--

(a) notices of cancellation to holders of learner licences or provisional licences who incur the threshold number of demerit points,

(b) the circumstances in which Transport for NSW may issue a notice of cancellation to holders of learner licences or provisional licences who incur the threshold number of demerit points,

(c) prescribing the driver licences held by a person that may be cancelled as a consequence of incurring demerit points the subject of a notice of cancellation served on the person,

(d) the deletion of demerit points recorded in the NSW demerit points register against a person on cancellation of the person's licence.


41A DELETION OF DEMERIT POINTS


(1) All demerit points recorded in the NSW demerit points register against a person at the date of a notice of licence suspension or notice of licence ineligibility given to the person under this Division, and taken into account for the purposes of the notice, are taken to be deleted--

(a) if the person's driver licence has been suspended under this Division--on the commencement of the period of suspension, or

(b) if the person has become ineligible under this Division to be issued with, and to apply for, a driver licence--on the commencement of the period of licence ineligibility, or

(c) if the person has lodged an appeal in relation to the licence suspension or licence ineligibility--on the determination of the appeal.


(2) Demerit points that are taken not to be deleted in the circumstances referred to in subsection (1) are to be taken into account for the purposes of sections 40(1) and 41(1) from the end of the period of licence suspension or period of licence ineligibility, as the case may be.


(3) Nothing in this section prevents Transport for NSW from retaining records of deleted demerit points incurred by any person.


43 DEMERIT POINTS PENALTIES


(cf DL Act, s 18)


(1) A period of licence suspension under Division 2 or 3 is in addition to any period of licence suspension imposed under another law of this jurisdiction.


(2) Demerit points recorded in the NSW demerit points register against a person are not affected by a period of licence suspension or disqualification imposed by a court in Australia, or under another law in force in this jurisdiction.


(3) Nothing in this section prevents the statutory rules from requiring Transport for NSW to take into account any prior period of suspension ended by a disqualification when determining whether to issue a new driver licence to a person who has completed any such period of disqualification.


(4) Transport for NSW may decide to suspend or cancel a driver licence under this Part without the holder of the licence having been provided an opportunity to show cause why the licence should not be suspended or cancelled.


43A CONSEQUENCES FOR REPEATED INCURRING OF THRESHOLD NUMBER OF DEMERIT POINTS


(1) Transport for NSW may, by notice in writing, require the holder of an unrestricted driver licence who incurs the threshold number of demerit points on 2 occasions within a period of 5 years to undertake a driver knowledge test or driver education course, or both, specified in the notice.


(2) Transport for NSW may, by notice in writing, require the holder of a provisional P1 licence or provisional P2 licence who incurs the threshold number of demerit points on 2 occasions (whether or not within a period of 5 years) to undertake a driver knowledge test specified in the notice.


(3) Notice under this section must specify the period within which the driver knowledge test or driver education course must be undertaken and must contain any other matters specified in the statutory rules.


(4) The person to whom a notice is given under this section must undertake the required test or course within the period specified by the notice (or such longer period as Transport for NSW may allow).


(5) Notice may be given under this section whether or not the person has been given a notice of licence suspension or notice of licence ineligibility under section 33, 35, 40 or 41 as a result of incurring the threshold number of demerit points justifying the giving of the notice under this section and whether or not a person has given notification of an election under section 36.


(6) Any period of licence suspension or licence ineligibility applicable to a person required to undertake a driver knowledge test by notice given under this section is extended until such time as the person has undertaken, and passed to the satisfaction of Transport for NSW, the driver knowledge test.


(7) Transport for NSW may give a notice to a person required to undertake a driver education course by notice under this section who fails to undertake the course suspending all driver licences held by the person until such time as the person undertakes the course to the satisfaction of Transport for NSW.


267 APPEALABLE DECISIONS MAY BE APPEALED TO LOCAL COURT


(cf Gen Reg, cll 13(2)-(5), 15(2)-(4), 18(5)-(7), 22(3)-(5), 25AA, 25(3), 28(2), 29A(2), 29B(3) and 140(2)-(5))


(1) A person may appeal to the Local Court under this Part against an appealable decision made in relation to the person by another person (the "decision-maker" ) by filing a notice of appeal with the Court.


(2) Subject to section 268(6), the notice of appeal must be filed with the Local Court--

(a) no later than 28 days after the date on which the decision-maker notifies the person of the appealable decision, or

(b) within such other period as may be prescribed by the statutory rules (whether for the class of decision concerned or generally).

Note : This Act or the statutory rules may in some cases expressly provide for the manner in which a particular kind of appealable decision is to be notified to a person. See, for example, the service requirements for immediate licence suspension notices.


(3) Subject to the rules of court of the Local Court, the notice of appeal must specify the grounds of the appeal.


(4) The relevant registrar of the Local Court must give notice of the time and place of the hearing of any appeal under this section--

(a) in the case of an appealable decision made by or on behalf of Transport for NSW--to Transport for NSW, or

(b) in the case of an appealable decision made by the Commissioner of Police or a police officer--to the Commissioner of Police, or

(c) in the case of any other appealable decision--to the decision-maker or such other person as may be prescribed by the statutory rules.


(5) A notice given under subsection (4) is to inform the person to whom it is given of the grounds of the appeal.


(6) The time of the hearing of an appeal under this Part must be not earlier than 28 days after the date on which the notice under subsection (4) is given.


(7) The hearing of an appeal under this Part may proceed despite any omission or error in a notice under subsection (4), or the failure to give any such notice, if the Local Court is satisfied that the appellant and the person to whom the notice was to be given had knowledge of the time and place of the hearing and were not prejudiced by any such omission or error or by the failure to give any such notice.


268 DETERMINATION OF APPEALS AGAINST APPEALABLE DECISIONS


(cf Gen Act, s 242(4) and (5); Gen Reg, cll 14(1) and (2), 16(1) and (2), 18(4), 20(1) and (4), 22(2), 23(1)-(3), 25(4), 28(3)-(4), 29A(3)-(4), 29B(3)-(4) and 140(6))


(1) The Local Court is to hear and determine an appeal made to the Court under this Part.


(2) Subject to subsections (3)-(6), the Local Court may determine an appeal under this Part--

(a) by setting aside the decision, or

(b) by varying the decision, or

(c) by dismissing the appeal, or

(d) by making such other order as seems just to the Court in the circumstances.


(3) In varying a decision in an appeal under this Part, the Local Court may exercise only such powers as the decision-maker could have exercised under the road transport legislation when making that decision.


(4) If the decision that is appealed against was based on an offence committed (or alleged to have been committed) by the appellant under the road transport legislation or any other law, the appeal against the decision does not permit review of--

(a) the guilt or innocence of the appellant for the offence, or

(b) the imposition of a penalty or the level of a penalty imposed on the appellant for the offence.

Note : The effect of this provision is that, for example, in an appeal against a suspension or cancellation action taken under section 40 against the holder of a provisional driver licence because of demerit points, the Local Court cannot revisit the issue of an offence in relation to which the demerit points were incurred or the imposition of a penalty in relation to such an offence. In any such case, the Local Court may exercise only the powers that Transport for NSW could exercise under section 40 (see subsection (3)).


(5) In determining an appeal against a decision to give the appellant an immediate licence suspension notice, the Local Court--

(a) is not to vary or set aside the decision unless it is satisfied that there are exceptional circumstances justifying a lifting or variation of the suspension, and

(b) is not, for the purposes of any such appeal, to take into account the circumstances of the offence with which the person making the application is charged, unless the statutory rules provide to the contrary.


(6) An appeal against a decision to give the appellant an immediate licence suspension notice must be made before the charge that occasioned the suspension has been heard and determined by a court or withdrawn.


270 FINALITY OF DECISIONS


(cf Gen Act, s 242(3); Gen Reg, cll 14(3), 16(3), 20(6), 23(5), 25(5), 28(5), 29A(5), 29B(6) and 140(7))


Subject to the statutory rules, the decision of the Local Court in respect of an appeal or original application under this Part is final and is binding on the appellant or applicant and, in the case of an appeal, on the decision-maker who made the decision appealed against.


___________________________________________________________________________________________


R v AHMED [2008] NSWDC 380 (31 October 2008)


NEW SOUTH WALES DISTRICT COURT


CITATION:


R v AHMED [2008] NSWDC 380


FILE NUMBER(S):


2009 / 2232


HEARING DATE(S):


13 March 2008


22 April 2008


22 October 2008


31 October 2008


JUDGMENT DATE:


31 October 2008


PARTIES:


The Crown


Samar AHMED


JUDGMENT OF:


Bennett SC DCJ


COUNSEL:


SOLICITORS:


Mr A Kirupaidasan – DPP


Mr R Bartley – R J Bartley & Associates


CATCHWORDS:


CRIME – Appeal against penalty – 2 driving offences committed on the same day – subsequent convictions entered on the same day – whether the latter offence was a "second or subsequent offence" for the purposes of imposing penalty under s 25(2) Road Transport (Driver Licensing) Act 1998 – both offences dealt with as "first offences"


LEGISLATION CITED:


Crimes (Sentencing Procedure) Act 1999; s 10A


Road Transport (Driver Licensing) Act 1998; s 25A


Traffic Act 1925 (Tas); s 41


CASES CITED:


Clarke v Bradlaugh (1881) 8 QBD 63


Edwards v The Queen [1854] EngR 276; (1854) 9 Ex. 628


re F B Warren Ex Parte A M Wheeler v The Trustee in Bankruptcy [1938] Ch 725


The King v The Licensing Justice for the County Borough of South Shields [1911] 2 KB 1


R v Miller [1986] 2 Qd R 518


O’Hara v Harrington [1962] Tas SR 165


Prowse v McIntyre and Others (1961) 35 ALJR 373


Shane William Johnson v R [2008] NSWDC 47


TEXTS CITED:


DECISION:


At [32]


JUDGMENT:


IN THE DISTRICT COURT


OF NEW SOUTH WALES


CRIMINAL JURISDICTION


2008 / 2232


BENNETT SC DCJ


Friday 31 October 2008


R v AHMED


IN THE MATTER OF THE APPEAL OF SAMAR AHMED


Introduction


1 Samar Ahmed appeals from the penalties imposed upon her by a Magistrate in the Local Court at Burwood on 5 February 2008 for two offences of driving whilst suspended contrary to s 25A(2)(a) of the Road Transport (Driver Licensing) Act 1998.


2 For one offence she suffered a fine of $750 and was disqualified from driving from 5 February 2008 for a period of twelve months until 4 February 2009. For the other offence she was convicted, but pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999 no penalty was imposed other than for a disqualification period of two years from 5 February 2009.


The Grounds of Appeal


3 The grounds upon which the appeal is brought are first, that the learned Magistrate erred in the application of the legislation providing for the disqualification periods, and secondly, that the penalties are too severe.


Applicable Penalties


4 The maximum penalties for the offences depend upon whether they are first offences or second or subsequent offences. If a first offence, the maximum penalty provided is imprisonment for eighteen months or a fine of thirty penalty units or both. If a second or subsequent offence, the maximum penalty is imprisonment for two years or a fine of fifty penalty units or both: s 25A(2) Road Transport (Driver Licensing) Act .


5 The disqualification periods provided for this offence are mandatory upon conviction. For a first offence it is twelve months and in the case of a second or subsequent offence two years: s 25A(10) Road Transport (Driver Licensing) Act .


The Argument


6 The Appellant argues that although convicted of two separate offences of driving whilst suspended, because the determination of both offences occurred on the same day in the same hearing they were to be seen in each case as first offences.


The Facts


7 Turning to the facts, the Appellant was the holder of a motorcycle rider’s licence. On 17 October 2007 she was informed that her licence was to be suspended from 24 October 2007 until 24 January 2008 after her accumulation of demerit points.


8 About 5.30pm on 23 December 2007 she was selected randomly for a breath test. Her cycle did not have a P Plate displayed as required. She produced her licence, but when checked it was found to have been suspended. Her explanation for riding the cycle knowing her licence was suspended was, "Passion". I take that to be a reference to her passion for the riding of her motorcycle.


9 She was issued with a field Court Attendance Notice for that offence and told not to ride again. Unfortunately, about 6.15pm the same day, she was seen riding her motorcycle. I understand her explanation to be that she was simply taking her motorcycle home from where she was stopped on the first occasion.


Submissions


10 Mr Bartley submits on her behalf that the legislation has not abrogated fundamental principles of the common law, namely, that a judicial act relates to the day on which it is performed without reference to the precise time at which it was completed. A judgement of conviction is a judicial act, and so, when the defendant suffers two convictions in contemporaneous proceedings determined on the same day, neither one has priority over the other, regardless of the actual sequence in which the determination was made, and regardless of the temporal disparity between the commission of the offences in respect of which judgment was passed.


11 Furthermore, the reference to second or subsequent offences, properly understood, is a reference to second or subsequent offences that are committed after conviction.


12 To this submission I would add the observation that it is fundamental to our system of criminal justice that a person accused of an offence is presumed to be innocent unless and until the essential ingredients of the offence alleged are proved beyond reasonable doubt to the satisfaction of the judicial officer or jury called upon to determine the proceedings. This is so regardless of any assessment that the prosecution case is a strong one. A person accused of an offence is entitled to have the case against them established to the requisite standard and until that has been done they are not exposed to any penalty.


13 If the legislation intended that for purposes of the imposition of penalty priority was to be determined according to the sequence in which an offence was committed, language making that intention clear would be expected in the relevant provisions. I have found no provision that provides such a clear expression of intention in my review of the legislation, and none has been brought to my attention.


Consideration of Authority


14 Mr Bartley referred me to a number of decisions in support of his argument as to the principles of common law upon which he relies. The first of those is a decision in the Queen’s Bench Division: Clarke v Bradlaugh (1881) 8 QBD 63. This concerned the question of priority to be given to the act of issuing a writ of summons. It was argued that this was a judicial act and the court should not enquire as to what time of the day the document was issued.


15 The Court of Appeal held that the issue of writ of summons was not a judicial act, and accordingly the court could enquire whether or not the Writ was in fact issued after the accrual of a cause of action upon which it was issued. Lord Coleridge CJ, page 65, said the following,


"The defendant has contended that there is a principle of law, for which great authorities have been cited, that the law takes no regard of fractions of a day, that a writ must be taken to refer to the first moment of the day on which it is issued, and that a writ of summons is a writ within the meaning of the rule, so that the writ in this case was issued before the penalty could have been incurred. I am of the opinion that, having regard to the authorities and the reasons for them, there has been a distinction taken between various kinds of writs, and that this distinction is as old as the rule upon which the defendant relies and of the same authority. It might perhaps be also found, though it is not for us on the present occasion to decide, that even of two judicial acts done on the same day, the court would inquire, if it were necessary, which was done at the earlier time of day."


16 And then shortly thereafter he wrote,


"I do not therefore recognise the universality of the rule even as to judicial acts."


17 Lord Justice Brett said at page 68,


"As for the rule that judicial acts relate back to the earliest moment of the day, I know of no principle on which it can be founded. It is an unofficial rule, declared for a long number of years to be a part of common law procedure, and therefore it is to be assumed to be as old as the common law itself. But it is to be applied in the same way as it was applied when first promulgated. The question is whether those who promulgated the rule declared the issuing of a writ to be the act of a party, or whether they declared it to be the act of the court."


18 The remarks concerning a judicial act and the question of whether enquiry can be made as to priority between judicial acts on the same day was not resolved in that decision.


19 I was invited to a further decision from the United Kingdom in re F B Warren Ex Parte A M Wheeler v The Trustee in Bankruptcy, a decision in 1938. It was a decision concerned with bankruptcy proceedings and reference was made to Clarke and Bradlaugh, ibid.


20 Luxmoore J delivered the judgment of the court. His Lordship was concerned with determining the meaning of the words, "before the date of the receiving order". His Lordship noted that it was a rule of law that a judicial act is deemed to have been performed at the earliest moment of the day on which it is in fact performed and referred to Edwards v The Queen [1854] EngR 276; (1854) 9 Ex 628, 631 and 632 in which Coleridge J said,


"The doctrine that judicial acts are to be taken always to date from the earliest minute of the day on which they are done, stands upon ancient and clear authority."


21 Luxmoore J concluded,


"In our judgment the making of a receiving order in the present case was a judicial act and must in accordance with the rule be referred back to the earliest moment of March 15, 1937...".


22 I was invited also to a decision of the High Court of Australia, Prowse v McIntyre and Others (1961) 35 ALJR 373. Their Honours were there concerned with the date upon which a person is born and the time at which the calculation begins for the purposes of calculating age. Although consistent with the proposition advanced on behalf of the Appellant, I put that decision to one side because of more recent authority more closely aligned with the point I must decide.


23 In O’Hara v Harrington [1962] Tas SR 165 the Court was concerned with a section in the Traffic Act 1925 (Tas). Subsection 41(2) provided for a period of twelve months disqualification for a first conviction for an offence of driving whilst under the influence of liquor, and three years on a second conviction of such an offence. Burbury CJ said at page 167,


"It is clear law that where the legislature imposes an increased penalty for a second offence that expression bears the technical meaning of an offence committed after conviction for a first offence".


24 His Honour expressed the view that the language of the legislation was such that there should be no intention attributed to the legislature that the principle was abrogated.


25 In R v Miller [1986] 2 Qd R 518 the court was called upon to deal with the same question. There was a sequence of offending and two convictions entered; the conviction for the second offence was found by the Magistrate to be a second conviction attracting the greater mandatory disqualification period. Matthews J expressed the view that as the convictions were both entered on the same day in the course of contemporaneous proceedings for each offence, neither one could be said to precede the other.


26 Shepherdson J, at page 524 said,


"In my opinion in the instant case there was no such competition between the two convictions calling for consideration of the actual time when each was done. Both arose out of certain matters occurring during the same journey and within a comparatively short distance - some three kilometres.


Both convictions must in my view in accordance with the general rule be deemed to relate back to the earliest moment on February 13, 1985".


27 This was the date upon which the convictions were entered. His Honour continued,


"Both convictions in law occurred at the same instant".


28 At page 529 Williams J cited the judgment of Lord Elphinstone CJ in The King v The Licensing Justice for the County Borough of South Shields [1911] 2 KB 1. Lord Elphinstone said,


"It seems to me that it is quite impossible to give a reasonable construction to the various clauses of the section unless the words ‘second offence’ and’ third and any subsequent offence’ are read as meaning an offence after a previous conviction or convictions, as the case may be, for offence under the section"


29 His Honour Judge Berman decided a matter to which s 25A of the Road Transport (Driver Licensing) Act was relevant in Shane William Johnson v R [2008] NSWDC 47. However, that was a matter where the second or subsequent offence and the disqualification period to have been applied to it depended upon the interpretation of s 25A(10), which is confined to offences under subsections (1), (2) or (3A) of section 25A. The first conviction was for a drink driving offence contrary to other provisions. The decision is to be distinguished from the present matter.


The Decision


30 Section 25A(2), as I have said, provides for monetary and custodial penalties. Section 25A(10) provides for the relevant disqualification periods. Section 25A(6) relevantly provides,


"An offence under this section is a second or subsequent offence for the purposes of this section if:


(a) it is the second or subsequent occasion on which the person is convicted of any offence under subsection (1), (2), (3) (a) or (3A) within the period of 5 years immediately before the person is convicted of the offence, or


...


31 The Crown has submitted that the phrase second or subsequent occasion indicates a legislative intention to embrace a second or subsequent conviction entered on the same day as a conviction entered earlier, such as in the present matter.


32 I do not believe that the language used in the legislation requires any such construction. In my opinion the submissions made by Mr Bartley on behalf of the appellant are correct. In my opinion, the convictions both having been entered on the same day in contemporaneous proceedings, there is no priority to be given in one over the other, and accordingly for the purposes of the sentencing for this offender they should be both dealt with as first offences.



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