Darren William Thompson v Les Brien

[2012] ACTSC 98

DARREN WILLIAM THOMPSON v LES BRIEN
[2012] ACTSC 98 (6 June 2012)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 2 of 2011

Judge:              Higgins CJ
Supreme Court of the ACT

Date:               6 June 2012

IN THE SUPREME COURT OF THE       )
  )          No. SCA 2 of 2011
AUSTRALIAN CAPITAL TERRITORY    )          

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:DARREN WILLIAM THOMPSON

Appellant

AND:LES BRIEN

Respondent

ORDER

Judge:  Higgins CJ
Date:  6 June 2012
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal against the decision of Chief Magistrate Burns is upheld.

1. The appeal against the decision of Magistrate Doogan is dismissed.

1. I formally uphold the appeal against the decision of Chief Magistrate Burns, as he then was, and re-sentence Mr Thompson to six months imprisonment, but suspend two months and 21 days of that.  That will commence with the sentence of Magistrate Doogan on 24 August 2011.  I note that he has already served the period of imprisonment that is thereby imposed.  The suspended sentence will be on the same terms as the current recognizance to be of good behaviour imposed by Magistrate Doogan. 

1. In relation to the appeal, insofar as there is one against Magistrate Doogan’s decision, that appeal is dismissed and the original orders are to be confirmed as from the dates upon which they were originally imposed.

1. Mr Thompson will still have the period of good behaviour to undertake, but no additional penalty has been imposed. The period of suspended sentence will still be over his head, depending on what he does in relation to the good behaviour order.  If he is of good behaviour he should have no further time to spend in jail. 

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

Associate:

Date:      12 July 2012

Counsel for the Appellant:  Mr J Sabharwal
Solicitor for the Appellant:  Rachel Bird & Co
Counsel for the Respondent:  Mr A Doig
Solicitor for the Respondent:  Director of Public Prosecutions for the ACT
Date of hearing:  6 June 2012
Date of judgment:  6 June 2012