Benjamin Charles Reynders v Matthew James Wynants
[2008] ACTSC 143
BENJAMIN CHARLES REYNDERS v MATTHEW JAMES WYNANTS
[2008] ACTSC 143 (25 November 2008)
EX TEMPORE JUDGMENT
ON APPEAL FROM THE MAGISTRATES COURT
No. SCA 68 of 2008
Judge: Higgins CJ
Supreme Court of the ACT
Date: 25 November 2008
IN THE SUPREME COURT OF THE )
) No. SCA 68 of 2008
AUSTRALIAN CAPITAL TERRITORY )
ON APPEAL FROM THE MAGISTRATES COURT
BETWEEN:BENJAMIN CHARLES REYNDERS
Appellant
AND:MATTHEW JAMES WYNANTS
Respondent
ORDER
Judge: Higgins CJ
Date: 25 November 2008
Place: Canberra
THE COURT ORDERS THAT:
The sentences imposed by Magistrate Lalor be confirmed.
In respect of CC08/4885, the sentence be reimposed so as to date from 1 September 2008 and the licence disqualification period be reduced to 12 months from that date.
I am minded to reduce the licence disqualification period to the default period on the basis that while his Honour said, “you pleaded guilty on the third occasion you came before the court” it was in fact on the information before his Honour on the second occasion. But, as Mr Herrald said, it should have been noted on the first occasion that it came before the Registrar and I think some more leniency would have perhaps been attracted by that, although not a huge amount because, as Ms Campbell says, the prosecution case was not a weak one by any means.
Whilst I confirm in all other respects the sentences imposed by his Honour, I re‑impose the sentence for the prescribed concentration of alcohol offence to date from 1 September this year and I reduce the disqualification to apply for 12 months from that date rather than 15 months. Otherwise the appeal is dismissed.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Chief Justice Higgins.
Associate:
Date: 25 November 2008
Counsel for the appellant: Mr P Herrald
Solicitor for the appellant: Jack C Herrald
Counsel for the respondent: Ms J Campbell
Solicitor for the respondent: Director of Public Prosecutions for the ACT
Date of hearing: 25 November 2008
Date of judgment: 25 November 2008
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