Adam Walter Ford v Sean Julian Sloan

[2005] ACTSC 87

ADAM WALTER FORD v SEAN JULIAN SLOAN [2005] ACTSC 87 (12 August 2005)

EX TEMPORE JUDGMENT

No SCA 27 of 2005

Judge:           Crispin J
Supreme Court of the ACT
Date:            12 August 2005

IN THE SUPREME COURT OF THE       )
  )          No. SCA 27 of 2005
AUSTRALIAN CAPITAL TERRITORY    )

BETWEEN:ADAM WALTER FORD

Appellant

AND:SEAN JULIAN SLOAN

Respondent

ORDER

Judge:  Crispin J
Date:  12 August 2005
Place:  Canberra

THE COURT ORDERS THAT:

1. the appeal be upheld;

2. orders of the Magistrate be set aside;

3. the matter be remitted to the Magistrate’s Court for rehearing;

4. no order as to costs.

1. This is an appeal against the perceived severity of sentences imposed in relation to a series of offences, which might be broadly described as traffic offences. It is quite properly conceded by the respondent that the learned Magistrate fell into a number of errors when sentencing the appellant. Those errors included, but were not limited to, imposing sentences for identical offences involving seemingly inexplicable incongruity, the fines actually imposed ranging from $50 to $1000. His Honour also failed to seek information to enable him to properly address the factors he was entitled to take into account by reason of section 342 of the Crimes Act 1900 (ACT), failed to take into account maximum penalties prescribed by law, and imposed sentences which, overall, offended the totality principle.

1. There being no dispute that his Honour did fall into errors of this character, it seems to me inevitable that the appeal must be upheld. 

1. The order that I make is that the appeal be upheld, the orders of the Magistrate be set aside, and the matter be remitted to the Magistrates Court for re-hearing.

1. By consent, I make no order as to costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Justice Crispin

Associate:

Date: 7 September 2005

Counsel for the appellant:  Mr M Ryan

Solicitor for the appellant:  South Eastern Aboriginal Legal Service

Counsel for the respondent:  Mr S Drumgold

Solicitor for the respondent:  ACT Director of Public Prosecutions

Date of hearing:  12 August 2005

Date of judgment:  12 August 2005