Joshua Dinham v Ricky Bresnan [No 1]

[2013] ACTSC 109

JOSHUA DINHAM v RICKY BRESNAN [No 1]
[2013] ACTSC 109 (11 APRIL 2013)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 9 of 2013

Judge:             Higgins CJ
Supreme Court of the ACT

Date:              11 April 2013

IN THE SUPREME COURT OF THE     )
  )          No. SCA 9 of 2013
AUSTRALIAN CAPITAL TERRITORY           )          

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:JOSHUA DINHAM

Appellant

AND:RICKY BRESNAN

Respondent

ORDER

Judge:  Higgins CJ
Date:  11 April 2013
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be dismissed.

1. The question of commencement of the non-parole period to be determined by way of further submissions.

1. I will simply say that her Honour’s sentence was lenient, not only in terms of the head sentence of 12 months but also the non-parole period.  As I have said, a head sentence of 18 months could have been justified in the circumstances.  The offender’s prospects for parole and rehabilitation were clearly, as at the time he was sentenced, minimal. 

1. However, her Honour took the view, as I read her remarks, that, in effect, he may be able to convince the Parole Board, at the expiration of 4 months, that he is not a risk to the community if released and that he can deal with the issues he needs to deal with in the community if he is granted parole. 

1. If that were to happen, and I concur that it is unlikely, then that would be to the benefit of the community and obviously to Mr Bresnan himself.  I allow that it might be thought to be somewhat optimistic, but it does not seem to me to be an error in law.  So I will leave the question now of the commencement of the non-parole period to be determined by way of further submissions but I will express no view about that.

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: 11 June 2013            

Counsel for the Appellant:  Ms Jones
Solicitor for the Appellant:  ACT Director of Public Prosecutions
Counsel for the Respondent:  Mr Davies
Solicitor for the Respondent: Legal Aid ACT
Date of hearing:  11 April 2013
Date of judgment:  11 April 2013