Anthony Mark Ward v The Queen

[2008] ACTCA 5

ANTHONY MARK WARD v THE QUEEN
[2008] ACTCA 5 (26 February 2008)

EX TEMPORE JUDGMENT

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 49 - 2007
No. SCC 213 of 2007

Judges:         Higgins CJ, Penfold and Lander JJ
Court of Appeal of the Australian Capital Territory
Date:            26 February 2008

IN THE SUPREME COURT OF THE       )          No. ACTCA 49 - 2007
  )          No. SCC 213 of 2007
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:ANTHONY MARK WARD

Appellant

AND:THE QUEEN

Respondent

ORDER

Judges:  Higgins CJ, Penfold and Lander JJ
Date:  26 February 2008
Place:  Canberra

THE COURT ORDERS THAT:

1. On the application for leave to appeal, leave to adduce fresh evidence is refused.

1. The application for leave to appeal is refused.

IN THE SUPREME COURT OF THE       )          No. ACTCA 49 - 2007
  )          No. SCC 213 of 2007
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:ANTHONY MARK WARD

Appellant

AND:THE QUEEN

Respondent

Judges:  Higgins CJ, Penfold and Lander JJ
Date:  26 February 2008
Place:  Canberra

REASONS FOR JUDGMENT

THE COURT:

1. This is an application for leave to appeal from a sentence imposed by a judge of this court.  The application for leave to appeal was out of time but an order was made extending the time within which the application may be made by the Registrar on 17 January 2008. 

1. The application for leave to appeal was accompanied by an application said to be pursuant to rule 5606 of the Court Procedure Rules 2006 that the Court receive further evidence on the hearing of the appeal.  The applicant was convicted on his own plea of one count of assault occasioning actual bodily harm, an offence which carries a maximum penalty of five years’ imprisonment.  On 12 September 2007, he was sentenced by Crispin J to imprisonment for a period of two years, a sentence which was backdated by one day to allow for the time already spent in custody. 

1. Crispin J imposed a non-parole period of 12 months. His Honour indicated that but for that plea of guilty, the sentence of imprisonment would have been two and a half years and the non-parole period would have been 15 months.  Both the application for leave to appeal and for leave to adduce further evidence must be considered in the light of the applicant’s concession, inherent in the applications, that the sentence imposed by the sentencing judge was not inappropriate on the material that was before the sentencing judge. 

1. It was not contended that the sentencing discretion miscarried in any way.  In particular, it was not contended that the sentencing judge had regard to any matter which was irrelevant or failed to have regard to any matter which was relevant.  Nor was it…