Jason Anthony Thompson v Grant Matthew BLUETT and

[2011] ACTSC 176

JASON ANTHONY THOMPSON v GRANT MATTHEW BLUETT and
DANIEL GRAHAM MILLER                
[2011] ACTSC 176 (21 October 2011)

Crimes (Sentencing) Act 2005 (ACT), s 66 (2)
Pearce v The Queen (1998) 194 CLR 610

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 75 of 2011

Judge:             Burns J
Supreme Court of the ACT

Date:              21 October 2011

IN THE SUPREME COURT OF THE     )
  )          No. SCA 75 of 2011
AUSTRALIAN CAPITAL TERRITORY )          

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:JASON ANTHONY THOMPSON

Appellant

AND:             GRANT MATTHEW BLUETT
  First Respondent

DANIEL GRAHAM MILLER
  Second Respondent  

ORDER

Judge:  Burns J
Date:  21 October 2011
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal is allowed.

1. In lieu of the orders made by the learned Magistrate, the sentences imposed with respect to the offences of 10 January 2011, 2 June 2011 and 8 June 2011 will be served concurrently.  The sentence is to commence on 15 July 2011.

1. With respect to the offences which occurred on 9 June 2011, 10 June 2011 and 12 June 2011, those sentences will be consecutive in the sense that the sentence imposed with respect to the offence of 9 June 2011 will commence on 17 May 2012.

1. The respondent concedes two grounds of appeal, namely that:

a) the learned sentencing Magistrate erred in law by misapplying subsection 66 (2) of the Crimes (Sentencing) Act 2005 (ACT), and

b)   the learned sentencing Magistrate did not provide transparency in relation to accumulation and concurrency as required by Pearce v The Queen (1998) 194 CLR 610.

1. Accordingly, in this matter the appeal is allowed.  In lieu of the orders made by the learned Magistrate, I order that the sentences imposed with respect to the offences of 10 January 2011, 2 June 2011 and 8 June 2011 will be served concurrently.  The sentence is to commence on 15 July 2011.

1. With respect to the offences which occurred on 9 June 2011, 10 June 2011 and 12 June 2011, those sentences will be consecutive in the sense that the sentence imposed with respect to the offence of 9 June 2011 will commence on 17 May 2012, which is, as I understand it, the date of expiration of the sentence that the prisoner is currently serving by virtue of the cancellation of his parole order. 

1. The sentence of 21 days imprisonment with respect to the charge of 9 June 2011 will commence on 17 May 2012 and will expire on 6 June 2012.  The sentence of 21 days imprisonment with respect to the offence of 10 June 2011 will commence on 7 June 2012 and will expire on 8 June 2012.  The sentence of 21 days imprisonment with respect to the offence of 12 June 2011 will commence on 29 June 2012 and expire on 19 July 2012.

1. Effectively, the sentence which I have imposed, together with the sentence that the prisoner is liable to serve by virtue of the cancellation of his parole order, is a sentence of 10 months and 90 days, which is approximately equivalent to 13 months. 

1. I will set a non-parole period of six months commencing on 21 June 2011 and expiring on 20 December 2011.

   I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Justice Burns.

   Associate:

   Date:   11 November 2011

Counsel for the appellant:  Mr M Hassall
Solicitor for the appellant: Legal Aid ACT
Counsel for the respondent:  Mr S Drumgold
Solicitor for the respondent:  ACT Director of Public Prosecutions
Date of hearing:  21 October 2011
Date of judgment:  21 October 2011