Joshua Dinham v Ricky Bresnan [No 2]

[2013] ACTSC 110

JOSHUA DINHAM v RICKY BRESNAN [No 2]
[2013] ACTSC 110 (24 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:              24 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:  24 April 2013
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be confirmed as dismissed.

1. The sentence as imposed by the Magistrate be confirmed.

1. Upon hearing submissions, in the circumstances as outlined, the appropriate order is simply that the appeal be dismissed and the sentence appealed from confirmed, including the date from which it would commence.  So, that leaves Mr Bresnan with the advantage, such as they might be, that he got before the Magistrate.

I certify that the preceding one (1) numbered paragraph 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:  24 April 2013
Date of judgment:  24 April 2013