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District Court 7 September 2020

R v J.P.

[2020] NSWDC 596

Traffic & driving
OFFENCE WAS TRIVIAL

Citation: R v J.P. [2020] NSWDC 596
Court: District Court of New South Wales
Date: 7 September 2020
Judge: Neilson DCJ

Background

The appellant was a bicycle rider charged under rule 56(1)(a) of the Road Rules 2014 for failing to stop at a stop line controlled by red traffic lights on College Street, Darlinghurst, on 14 December 2018. The lights governed a pedestrian crossing situated between Sydney Grammar School and Hyde Park, in a busy part of Sydney during the pre-Christmas period.

Rather than stopping at the red light, the appellant rode along the gutter, crossed the stop line, mounted the pedestrian crossing ramp onto the footpath, and then returned to the carriageway. He returned to the road specifically to avoid obstructing pedestrians walking south along a narrow section of footpath approximately 15 to 20 metres away. No person was endangered by his conduct.

The appellant was convicted in the Downing Centre Local Court on 15 October 2019. He appealed to the District Court, seeking the benefit of section 10 of the Crimes (Sentencing Procedure) Act 1999, which allows a court to dismiss a charge without recording a conviction where it considers that course appropriate in all the circumstances.

  • Whether the appellant's conduct, though technically in breach of the Road Rules 2014, warranted a formal conviction or should instead be dealt with by way of a section 10 dismissal
  • Whether the trivial nature of the offence and the appellant's prior good character justified setting aside the conviction recorded below

Decision

Neilson DCJ accepted that the breach was purely technical in nature. The appellant had posed no risk to himself, to other road users, or to pedestrians. His manoeuvre was in fact motivated by a desire to avoid inconveniencing foot traffic on a narrow footpath.

The District Court noted the appellant had no prior traffic convictions while riding a bicycle, and observed that cycling is actively encouraged as a mode of urban transport. Given the complete absence of any danger or harm, the offence was characterised as wholly trivial.

In those circumstances, his Honour was satisfied that this was an appropriate case for section 10 relief. The conviction was set aside and the charge dismissed on the basis of the appellant's prior good character and the trivial nature of the offence.

Orders Made

  • The conviction recorded by the Local Court on 15 October 2019 was set aside
  • The charge was dismissed pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999

Key Takeaways

  • The District Court confirmed that a technically proven breach of the Road Rules 2014 does not necessarily warrant a recorded conviction where the conduct caused no danger and was trivial in character.
  • Under section 10 of the Crimes (Sentencing Procedure) Act 1999, a court may dismiss a charge without conviction, and prior good character alongside the trivial nature of an offence are relevant considerations in favour of that outcome.
  • A finding that the appellant endangered no one, and in fact acted to avoid inconveniencing pedestrians, weighed heavily in the assessment of the offence's seriousness.
  • The absence of any prior traffic convictions on bicycle was treated as a significant matter of character in this context.
  • This decision is fact-specific and confined to its circumstances; it does not establish a general proposition that bicycle riders may disregard red traffic lights.

Legislation and Cases Referenced

Legislation:
- Road Rules 2014 (NSW), r 56(1)(a)
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 10

Cases cited: None cited in the judgment.