Appeals, the record, and the future

20.1Appeal

An appeal against conviction or sentence lies to the District Court under the Crimes (Appeal and Review) Act 2001, filed within 28 days. The appeal is by way of rehearing on the evidence below with leave to adduce fresh evidence. The District Court's power to increase the sentence is exercised after a Parker warning [review]. A stay of the disqualification pending appeal is available on application and is commonly granted where the appeal has arguable merit and the disqualification would otherwise be served before the appeal is heard [review: practice].

20.2The record

A s 111 conviction is a "major offence" for the purposes of the five-year rule and will convert a subsequent driving offence within that period into a second offence, with the doubled periods. It appears on the offender's driving record held by Transport for NSW independently of the criminal record, and driving record disclosure operates on different rules from the spent convictions scheme [review: whether a s 10 outcome for a driving matter is recorded on the driving record and for how long].

20.3Extra-curial consequences

Insurance: most policies require disclosure of driving convictions and some of licence disqualifications; non-disclosure can void cover. Employment: roles involving driving, heavy vehicle or commercial licences, and roles with security clearances commonly require disclosure. Immigration: a single s 111 conviction is unlikely on its own to engage the character provisions, but the practitioner does not advise on migration consequences without instructions from a migration practitioner [review].

20.4Mutual recognition

A NSW disqualification is given effect in every other Australian jurisdiction under the mutual recognition provisions; a client who relocates does not escape it, and driving interstate during a NSW disqualification is driving while disqualified.