Ceric v Reid and Liosatos

NATASHA ANN CERIC v JARROD REID and JUDY LIOSATOS
[2012] ACTSC 81 (5 March 2012)

APPEAL — Appeal against sentence imposed by Magistrate — Appeal only against sentence “imposed” by Magistrates Court —Automatic period of disqualification from holding a licence — Travini v Starczewski — Disqualification not appellable.

APPEAL — Admission of fresh evidence by consent — Grooms v Toohey — Re-sentence.

Animal Welfare Act 1992 (ACT), ss 8(2), 101
Crimes (Sentence Administration) Act 2005 (ACT), s 108
Magistrates Court Act 1930 (ACT), s 216, div 3.10
Road Transport (Driver Licensing) Act 1999 (ACT), s 32

Cooper v Corvisy (No 2) (2010) 5 ACTLR 151
Grooms v Toohey (2012) 258 FLR 161
Norbis v Norbis (1986) 161 CLR 513
Travini v Starczewski (2009) 169 ACTR 1

EX TEMPORE JUDGMENT

No. SCA 58 of 2011                

Judge:             Refshauge J
Supreme Court of the ACT

Date:              5 March 2012

IN THE SUPREME COURT OF THE     )
  )          No. SCA 58 of 2011
AUSTRALIAN CAPITAL TERRITORY           )

NATASHA ANN CERIC

Appellant

v

JARROD REID
First Respondent

JUDY LIOSATOS
Second Respondent

ORDER

Judge:  Refshauge J
Date:  5 March 2012
Place:  Canberra

THE COURT ORDERS THAT:

1. Natasha Ann Ceric be granted leave to amend the Notice of Appeal to include an appeal against the community service condition to the Good Behaviour Order in respect of the charge of failing to take reasonable steps to alleviate pain.

1. The appeal be upheld in part.

1. The appeal against the sentence for the charge of, as a first offender, driving on 15 November 2010 while the licence of Natasha Ann Ceric was suspended by law, be dismissed.

1. The appeal against the orders made under s 101 of the Animal Welfare Act 1992 (ACT) in respect of the charge under s 8(2)(d) of that Act be upheld.

1. The orders made under s 101 of the Animal Welfare Act 1992 (ACT) be set aside and in lieu it be ordered:

a.   That any animal of which Natasha Ann Ceric is in charge be removed from her possession and control and placed in the care of her mother, namely, Nicola Cowling; and

b.   That Natasha Ann Ceric not purchase, acquire or take possession or custody of any animal for the period of 12 months from 6 May 2011 to 5 May 2012.

1. The appeal in respect of the community service condition to the Good Behaviour Order, in respect of the charge of failing to take steps to alleviate pain, be upheld in part so as to readjust the sentence to require that the balance of the 208 hours, namely, 171 hours, be performed on or before 5 May 2013.

1. Natasha Ann Ceric be warned that she needs to comply with the good behaviour obligations under the Good Behaviour Orders that have been imposed on her and, in particular, to complete the community service condition as required.

AND THE COURT DECLARES THAT:

1. The disqualification period under s 32(5)(a) of the Road Transport (Driver Licencing) Act 1999 (ACT), commenced on 6 May 2011 and ends…