Alexander Nedlejovic v Grant Moses

[2010] ACTSC 104

ALEXANDER NEDLEJOVIC v GRANT MOSES [2010] ACTSC 104 (19 August 2010)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 65 of 2009

Judge:  Nield A/J
Supreme Court of the ACT
Date:   19 August 2010

IN THE SUPREME COURT OF THE     )          
  )          No. SCA 65 of 2009
AUSTRALIAN CAPITAL TERRITORY )          

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:ALEXANDER NEDLEJOVIC

Applicant

AND:             GRANT MOSES
  Respondent

ORDER

Judge:  Nield A/J
Date:  19 August 2010 
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal is allowed.

2. The convictions are set aside and the orders are quashed.

1. In each case, the appeal is allowed; the conviction and sentence are set aside.

1. In relation to the application for costs by the appellant, it would be one set of costs for the three appellants as they were heard at the same time.

1. Well, in the absence of the Crown making any submissions, I will make an order that the Crown pays the costs as agreed, or if not agreed, taxed.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Acting Justice Nield.

Associate: I Fernandez

Date:   9 September 2010

Counsel for the applicant:  Mr J Sabharwal
Solicitor for the applicant:  Rachel Bird and Co
Counsel for the respondent:  Ms S McMurray
Solicitor for the respondent:  ACT Director of Public Prosecutions
Date of hearing:  19 August 2010 
Date of judgment:  19 August 2010