Jenny Tian v Mark Patrick Robison

[2012] ACTSC 207

JENNY TIAN v MARK PATRICK ROBISON
[2012] ACTSC 207 (13 December 2012)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 43 of 2012

Judge:             Higgins CJ
Supreme Court of the ACT

Date:              13 December 2012

IN THE SUPREME COURT OF THE     )
  )          No. SCA 43 of 2012
AUSTRALIAN CAPITAL TERRITORY           )          

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:JENNY TIAN

Appellant

AND:MARK PATRICK ROBISON

Respondent

ORDER

Judge:  Higgins CJ
Date:  13 December 2012
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be dismissed.

1. It seems to me that Connolly J’s decision in R v Wayne Allen Banks [2003] ACTSC 68 is plainly correct. It says that a charge is not bad for duplicity if it were to contain 24 items or so of stolen property that the defendant was in possession of that property on a particular day, at a particular time, at a particular place. Now, there would then be further particulars as to why the reasonable suspicion attaches to each item of that property.

1. However, once you acknowledge that then you have got exactly the same particulars as you would have if there was one charge; you have got exactly the same range of evidence; and oppression would only arise if the learned magistrate disobeyed his own injunction as he could give himself here and accumulated in respect of each charge to exceed the penalty that would apply if it were one charge.

1. At this I simply dismiss the appeal.  It does not prevent any, of course, other complaint being made about the proceedings should one arise.

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:    1 July 2013  

Counsel for the Appellant:  Mr J Lawton
Solicitor for the Appellant: Legal Aid ACT
Counsel for the Respondent:  Mr M Fernandez
Solicitor for the Respondent:  ACT Director of Public Prosecutions
Date of hearing:  13 December 2012
Date of judgment:  13 December 2012