CSR v Carl Christian Marcic; CSR v Sergeant Tracey Christine Duck

[2011] ACTSC 31

CSR v CARL CHRISTIAN MARCIC
CSR v SERGEANT TRACEY CHRISTINE DUCK
[2011] ACTSC 31 (4 February 2011)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 55 of 2010
No. SCA 57 of 2010

Judge:  Nield A/J
Supreme Court of the ACT
Date:   4 February 2011

IN THE SUPREME COURT OF THE     )
  )          No. SCA 55 of 2010
AUSTRALIAN CAPITAL TERRITORY           )          No. SCA 57 of 2010

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No SCA 55 of 2010

BETWEEN:CSR

Appellant

AND:             CARL CHRISTIAN MARCIC
  Respondent

No SCA 57 of 2010

BETWEEN:CSR

Appellant

AND:             SERGEANT TRACEY CHRISTINE                  DUCK

Respondent

ORDER

Judge:  Nield A/J
Date:  4 February 2011 
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal is allowed.

1. The individual sentences for the individual offences are confirmed.

1. The total sentence of 24 months is varied to allow for 12 months of the sentence to be served by way of detention and the remaining 12 months to be suspended for 18 months on the appellant entering into a good behaviour order.

1. As to the appeal of CSR.  Although I doubt, strictly speaking, that error has been shown in what her Honour did, I propose, notwithstanding, to vary the apportionment of the total sentence of 24 months into a detention period and a good behaviour order period.  The detention period will be from 15 April 2010 to 14 April 2011 and the good behaviour order period will be from 15 April 2011 to 14 April 2012 and that period will be suspended for 18 months.

1. Accordingly, I confirm the individual sentences for the individual offences, and I confirm the total sentence of 24 months, apportioned as I have said already.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Acting Justice Nield.

Associate:

Date:   25 February 2011

Counsel for the appellant:  Mr J Jeffery
Solicitor for the appellant:  Aboriginal Legal Service
Counsel for the respondent:  Ms S McMurray
Solicitor for the respondent:  ACT Director of Public Prosecutions
Date of hearing:  4 February 2011 
Date of judgment:  4 February 2011