Gavin WILLIAMS v The Queen

[2011] ACTCA 24

GAVIN WILLIAMS v THE QUEEN
[2011] ACTCA 24 (10 November 2011)

APPEAL AND NEW TRIAL – general principles – in general and right of appeal – appeal against conviction on plea of guilty – no grounds on which to permit plea of guilty to be withdrawn – appeal dismissed.

APPEAL AND NEW TRIAL – general principles – in general and right of appeal – appeal against conviction – adjournment refused by trial judge – no error in refusing adjournment – appeal dismissed.

APPEAL AND NEW TRIAL – general principles – in general and right of appeal – appeal against sentence – appeal against sentence withdrawn – appeal dismissed.

Crimes (Sentence Administration) Act 2005 (ACT)

Meissner v The Queen (1995) 184 CLR 132
R v Gomez (2007) 1 ACTLR 145

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

No. ACTCA 32 of 2009
No. SCC 107 of 2008
No. SCC 169 of 2008

Judges:         Refshauge, Penfold and Lander JJ
Court of Appeal of the Australian Capital Territory
Date:            10 November 2011

IN THE SUPREME COURT OF THE       )          No. ACTCA 32 of 2009
  )          No. SCC 107 of 2008
AUSTRALIAN CAPITAL TERRITORY    )          No. SCC 169 of 2008
  )

COURT OF APPEAL  )

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

BETWEEN:GAVIN WILLIAMS

Appellant

AND:THE QUEEN

Respondent

ORDER

Judges:  Refshauge, Penfold and Lander JJ
Date:  10 November 2011
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be dismissed.

IN THE SUPREME COURT OF THE       )          No. ACTCA 32 of 2009
  )          No. SCC 107 of 2008
AUSTRALIAN CAPITAL TERRITORY    )          No. SCC 169 of 2008
  )

COURT OF APPEAL  )

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

BETWEEN:GAVIN WILLIAMS

Appellant

AND:THE QUEEN

Respondent

Judges:  Refshauge, Penfold and Lander JJ
Date:  10 November 2011
Place:  Canberra

REASONS FOR JUDGMENT

REFSHAUGE AND LANDER JJ:

1. On 15 October 2009, the appellant was convicted on his own plea of guilty of one charge of assault on a Mr Gardner, and one charge of contravening a protection order.

1. The appellant’s plea to the two charges was accepted by the respondent in satisfaction of an indictment that included a second count of assault on Mr Gardner.

1. The following day, the court ordered that the appellant be released immediately on the following conditions:

(a)       the offender sign an undertaking to comply with the conditions of this order;

(b)       the offender be of good behaviour for a period of 12 months;

(c) the offender comply with the offender’s good behaviour obligations including, the core conditions of the order, under sections 85 and 86 of the Crimes (Sentence Administration) Act 2005;

(d)       the offender is to perform 120 hours of community service in respect of each count to be completed in a period of 12 months from today;

(e)       the offender is to present himself to Corrective Services within 7 days;

(f)        the…