Lemuelle Nelson v Michael Woodburn

Case

[2011] ACTSC 75

25 February 2011


LEMUELLE NELSON v MICHAEL WOODBURN   [2011] ACTSC 75 (25 February 2011)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 88  of  2010

Judge:  Nield A/J
Supreme Court of the ACT
Date:   25 February 2011

IN THE SUPREME COURT OF THE     )
  )          No. SCA 88 of  2010
AUSTRALIAN CAPITAL TERRITORY )

BETWEEN:LEMUELLE NELSON

Appellant

AND:             MICHAEL WOODBURN
  Respondent

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

ORDER

Judge:  Nield A/J
Date:  25 February 2011
Place:  Canberra

THE COURT ORDERS THAT:

  1. The appeal is dismissed for want of prosecution.  The conviction and sentence is   confirmed.

  1. A warrant is to issue for the arrest of the appellant.

As to the appeal of Lemuelle Nelson.

  1. I grant leave for his legal representative to withdraw from the matter.

  1. I dismiss the appeal for want of prosecution.  I confirm the conviction.  I confirm the sentence.  I order a warrant to issue for the arrest of the appellant.

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

Associate:

Date:   11 May 2011

Counsel for the appellant:  Ms H Hayunga (granted leave to withdraw)
Solicitor for the appellant: Legal Aid ACT
Counsel for the respondent:  Mr D Sahu Khan
Solicitor for the respondent:  ACT Director of Public Prosecutions
Date of hearing:  25 February 2011
Date of judgment:  25 February 2011

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