Kirsty Ann Campbell v EVAN William DAVIES

[2012] ACTSC 27

KIRSTY ANN CAMPBELL v EVAN WILLIAM DAVIES
[2012] ACTSC 27 (3 February 2012)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 55 of 2011

Judge:             Higgins CJ
Supreme Court of the ACT

Date:              3 February 2012

IN THE SUPREME COURT OF THE     )
  )          No. SCA 55 of 2011
AUSTRALIAN CAPITAL TERRITORY           )          

BETWEEN:KIRSTY ANN CAMPBELL

Appellant

AND:EVAN WILLIAM DAVIES

Respondent

ORDER

Judge:  Higgins CJ
Date:  3 February 2012
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be upheld and that the appellant be re-sentenced.

1. Certainly the breach was egregious and I can understand why Magistrate Lalor was minded to activate at least part of the sentence which he had imposed and suspended.  However, the further material which I have received, which his Honour did not receive, convinces me that it is appropriate, in effect, to reinstate that sentence which was previously imposed, but with some minor, but important, variations. 

1. In upholding the appeal I set aside the sentence imposed, the three months of imprisonment.  In lieu thereof I proceed to re-sentence the appellant in respect of the original matter. 

1. I impose a sentence of imprisonment of six months which is suspended forthwith upon her accepting a supervision order for a period of 18 months from today; the conditions of which are:  to accept the supervision of Corrective Services and obey all reasonable directions which include, and no doubt will include, participation in programs, counselling, treatment, or assessments as directed, with particular reference to mental health and substance abuse issues.

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:         22 February 2012

Counsel for the Appellant:  Mr J Sabharwal
Solicitor for the Appellant:  Legal Aid Office (ACT)
Counsel for the Respondent:  Mr A Doig
Solicitor for the Respondent:  Director of Public Prosecutions for the ACT
Date of hearing:  3 February 2012
Date of judgment:  3 February 2012