Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14:

1. Mr Christopher Edwin Higgins, the appellant, was convicted and fined in the Downing Centre Local Court in respect of two instances of speeding, occurring on 5 April 2023 and 14 April 2023, contrary to r 20 of the Road Rules 2014 (NSW). In each instance, the charge featured the appellant driving at less than 10 km/h over the speed limit.

2. On 29 April 2024, the proceeding was dealt with in the appellant's absence and the appellant was convicted and fined $330 for both offences. The Magistrate exercised power under s 196 of the Criminal Procedure Act 1986 (NSW). On 2 July 2024, an annulment application brought by the appellant in respect of the convictions entered on 29 April 2024 was heard before Local Court Magistrate Towney. The appellant was permitted to bring this application under s 4 of the Crimes (Appeal and Review) Act 2001 (NSW) (the 'CAR Act'). The appellant provided the Court with a medical certificate and the prosecution neither consented to nor opposed the annulment of the convictions entered on 29 April 2024. The appellant was invited to enter a plea of guilty or not guilty. Following his non-responsive answer, the matter continued for a period before it was adjourned, part-heard, to 30 July 2024. The appellant was notified that if he did not appear on that date, the matters would be determined in his absence.

3. On 30 July 2024, the matters were before Local Court Magistrate Denes. That day, the appellant appeared not to acknowledge his name, and refused to acknowledge the Court's jurisdiction over him. In the course of the appellant's verbal interruptions, and over the appellant's objection to jurisdiction, a legal representative for Transport for NSW tendered documents and the Magistrate convicted the appellant and fined him the sum of $500 for both offences. After he was convicted, her Honour organised for the sheriff to assist for the appellant to be removed from the Court, clearly over the appellant's verbal objection.

4. On 14 October 2024, the matter was before the Local Court for mention. Leave was sought to annul the convictions on 30 July 2024 and a transcript was ordered of what occurred on that date.

5. On 20 January 2025, the matter was before the Local Court again, before Local Court Magistrate Towney for the hearing of the appellant's annulment application of his convictions on 30 July 2024. This, as the learned Magistrate recognised, was a second annulment application, following the one that the appellant had successfully brought on 2 July 2024. Since this was a second annulment application in relation to the same matter, the appellant required the Court's leave: s 4(3) of the CAR Act. The Magistrate determined that it was not in the interests of justice to grant the annulment application. In his submissions today, Mr Kennedy, the solicitor appearing on behalf of Transport for NSW noted that Magistrate Towney did not appear to make an order granting leave of s 4(3). In argument, I suggested that her Honour appeared to treat the application for leave concurrently with the merits of the appeal. Since her Honour dismissed the application, it was unnecessary to make an order granting leave.

6. The appellant is now before this Court and appeals the Magistrate's decision on 20 January 2025 to refuse his annulment application.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198078c5b0f25fb9f43e11cf)

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