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District Court 19 February 2026

Rudraksh SAHA v R

[2026] NSWDC 39

Traffic & driving

Citation: Rudraksh SAHA v R [2026] NSWDC 39
Court: District Court of New South Wales (Criminal)
Date: 19 February 2026
Judge(s): Montgomery DCJ

Background

The applicant was a young man of previously excellent character — a university student with no criminal or driving history — who caused a serious motor vehicle collision on 3 April 2025. While driving at 9:33pm near the intersection of Wilson Road, Acacia Gardens, he mistakenly entered a bus-only lane intending to turn right. After entering the lane, he panicked and, rather than stopping or merging back into traffic, proceeded through a red traffic arrow and past a "No Right Turn – Buses Excepted" sign. The resulting collision caused serious injuries to other persons.

The applicant was charged with three traffic offences: two under the Road Rules 2014 (NSW) — rules 56(2)(a) and 154A(1) — and one under section 53 of the Crimes Act 1900 (NSW). In the Local Court, Magistrate Chisholm convicted him on 20 October 2025 and sentenced him to a 12-month Community Corrections Order.

The applicant appealed to the District Court. Initially filed as a severity appeal, the proceedings were amended by notice of motion (filed 4 February 2026, unopposed by the Crown) to an all-grounds appeal. The appeal relied centrally on section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) and a neuropsychological report from Dr Donald Rowe dated 16 December 2025 — evidence that had not been before the Magistrate.

  • Whether fresh evidence — specifically the neuropsychological report of Dr Rowe — should be received on appeal and whether it established that the applicant suffered from a mental health impairment within the meaning of section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) at the time of offending.
  • Whether the mental health impairment justified diverting the matter from the ordinary course of law under section 15 of the same Act, or whether sentencing should proceed according to law.
  • Whether, if proceeding according to law, the appropriate disposition was a discharge without conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Decision

Montgomery DCJ accepted Dr Rowe's report and the parties' agreement that the applicant's condition satisfied the threshold under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. Dr Rowe had diagnosed the applicant with Adjustment Disorder with depressed mood and anxiety, rooted in a background of strict upbringing with emotionally harsh consequences for perceived underperformance. At the time of the offences, the applicant was under significant cumulative stress: the recent death of his grandmother, a difficult transition between universities, anxiety about his performance as a tutor, and a fractious relationship with his first serious partner. Dr Rowe opined that these stressors exceeded the applicant's capacity to cope, producing a depressive episode with associated executive dysfunction, emotional dysregulation, and hyperarousal.

Critically, Dr Rowe described a "fight or flight" response triggered when the applicant found himself in the bus lane. According to the report, this panic severely impaired his capacity for rational thought, his ability to process traffic signals, and his impulse control, leading him to prioritise "escape behaviour" over considered decision-making. Montgomery DCJ repeatedly noted — and put to counsel — that the traffic signals the applicant failed to observe required only an extremely low level of cognition to obey (essentially, stopping at a red light). His Honour treated this as underscoring the severity of the applicant's cognitive impairment at the relevant time, rather than as a factor weighing against the mental health explanation.

Despite accepting that the section 14 threshold was met, Montgomery DCJ was not satisfied under section 15 that the impairment justified departing from the ordinary sentencing process. The driving breaches were very serious, and although the injuries sustained were fortunately lighter than what might have resulted, the objective gravity of running a red light and ignoring a "No Right Turn" sign remained high. However, having regard to the applicant's excellent character, absence of any prior criminal or driving history, ongoing engagement with a mental health treatment plan, the strong references provided, and his apology, the Court was satisfied that the applicant's cognition and judgment had been so significantly reduced that a discharge without conviction under section 10 was appropriate.

The applicant was placed on a Conditional Release Order for 18 months with several tailored conditions, including full compliance with his mental health treatment plan and a prohibition on driving until certified fit by his treating psychologist or neuropsychologist.

Orders Made

  • The conviction and sentence imposed by Magistrate Chisholm on 20 October 2025 were quashed.
  • The applicant was discharged without conviction pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999, subject to a Conditional Release Order for 18 months commencing 19 February 2026, with the following conditions:
  • Be of good behaviour and not commit any offence.
  • Appear before the court if called upon during the CRO term.
  • Enter into a rehabilitation and treatment program and comply with all treatment recommended by his treating medical professionals, including his psychologist and neuropsychologist.
  • Fully comply with the mental health treatment plan forming Appendix A to Dr Rowe's report.
  • Not drive a motor vehicle on a public street in NSW until certified fit to do so by his treating psychologist or neuropsychologist.
  • Once certified fit to drive, report any further traffic infringements to the Court for the remainder of the CRO.

Key Takeaways

  • Fresh expert evidence obtained after a Local Court conviction can prove decisive on appeal. The neuropsychological report by Dr Rowe, which had not been available before the Magistrate, fundamentally changed the trajectory of the case once it was tendered in the District Court as fresh evidence central to the outcome.

  • Satisfying the mental health impairment threshold under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 does not automatically result in diversion. Montgomery DCJ's reasoning demonstrated that meeting the section 14 threshold was a necessary but not sufficient step, as the Court retained discretion under section 15 to decline diversion and instead proceed to sentence according to law, with the mental health findings informing that sentence.

  • A discharge without conviction under section 10 remains available even for objectively serious driving offences. The District Court held that where an offender's cognitive and decision-making capacities were profoundly impaired at the time of the offence, such an outcome could be appropriate for driving that caused serious injury, provided the subjective circumstances were sufficiently compelling.

  • Tailored conditional release order conditions can address both public safety and rehabilitation simultaneously. Montgomery DCJ imposed a driving prohibition until medical clearance, combined with an obligation to report subsequent traffic infringements, illustrating how conditions may be crafted to protect the public while supporting an offender's rehabilitation in cases involving cognitive impairment.

  • Cumulative psychological stressors, even those not individually extraordinary, may produce a clinically recognised impairment with forensic significance. The Court accepted that the combination of stressors affecting the applicant at the time of the offences exceeded his capacity to cope, and the decision underscored the evidentiary value of specialist neuropsychological assessment in establishing the link between acute psychological stress and impaired driving capacity.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 53
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 10
- Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 14, 15
- Road Rules 2014 (NSW), rr 56(2)(a), 154A(1)
- Mental Health (Forensic Provisions) Act 1990 (NSW), s 32 (referenced in passing)

Cases: No cases were cited in the published judgment.