Joshua Dugan v Peter HOCKINGS

[2010] ACTSC 120

JOSHUA DUGAN v PETER HOCKINGS [2010] ACTSC 120 (30 September 2010)

EX TEMPORE JUDGMENT

No. SCA 52 of  2010

Judge:   Nield A/J
Supreme Court of the ACT
Date:    30 September 2010

IN THE SUPREME COURT OF THE       )
  )          No. SCA 52 of  2010
AUSTRALIAN CAPITAL TERRITORY    )

BETWEEN:JOSHUA DUGAN

Appellant

AND:              PETER HOCKINGS
  Respondent

ORDER

Judge:  Nield A/J
Date:  30 September 2010 
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal is allowed.

2. The conviction, sentence and period of disqualification are set aside. The charge is        dismissed.

As to the appeal of Joshua Dugan.

1. In relation to charge case 5748 of 2010, that is, driving while license suspended, as the Crown does not offer any evidence, the appeal is allowed, the conviction, sentence, and period of disqualification are set aside. The charge is dismissed.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of his Honour, Acting Justice Nield.

Associate:

Date:    1 October 2010

Counsel for the plaintiff:  Mr T Hickey
Solicitor for the plaintiff:  ACT Director of Public Prosecutions
Counsel for the defendant:  Mr K Saeedi
Solicitor for the defendant:  Kamy Saeedi Lawyers
Date of hearing:  30 September 2010 
Date of judgment:  30 September 2010