Jessica Bartlett v Director of Public Prosecutions

[2009] ACTSC 52

JESSICA BARTLETT v DIRECTOR OF PUBLIC PROSECUTIONS
[2009] ACTSC 52 (7 May 2009)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 101 of 2008

Judge:              Higgins CJ
Supreme Court of the ACT

Date:               7 May 2009

IN THE SUPREME COURT OF THE       )
  )          No. SCA 101 of 2008
AUSTRALIAN CAPITAL TERRITORY    )          

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:JESSICA BARTLETT

Appellant

AND:DIRECTOR OF PUBLIC PROSECUTIONS

Respondent

ORDER

Judge:  Higgins CJ
Date:  7 May 2009
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be dismissed.

1. This is a very serious offence.  Admittedly the appellant had good character on her side.  I see no suggestion the magistrate did not take account of that.  She offered and offers co-operation with authorities; that goes to her favour too.  However, and clearly it seems to me, the outcome that she has effectively received, a suspended sentence with no time in custody, was appropriate, given the promised co-operation.  

1. I simply endorse what the learned magistrate did. The appeal is dismissed.

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

Associate:

Date:     12 May 2009

Counsel for the Appellant:  Ms T Warwick
Solicitor for the Appellant:  S & T Lawyers
Counsel for the Respondent:  Mr C Todd
Solicitor for the Respondent:  Director of Public Prosecutions for the ACT
Date of hearing:  7 May 2009
Date of judgment:  7 May 2009