Luke Marsh v Grant BLUETT

[2011] ACTSC 200

LUKE MARSH v GRANT BLUETT                
[2011] ACTSC 200 (5 December 2011)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 92 of 2011

Judge:              Burns J
Supreme Court of the ACT

Date:               5 December 2011

IN THE SUPREME COURT OF THE       )
  )          No. SCA 92 of 2011
AUSTRALIAN CAPITAL TERRITORY    )          

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:LUKE MARSH

Appellant

AND:              GRANT BLUETT
  Respondent

ORDER

Judge:  Burns J
Date:  5 December 2011
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal is dismissed.

1. The conviction and sentence of 15 months imprisonment with a non-parole period of nine months imposed by the learned Magistrate are confirmed.

In the absence of the appellant

1. I note that there has been no appearance by the appellant with respect to this appeal.  I further note that virtually nothing has been done by the appellant to progress this appeal since he lodged his Notice of Appeal.  I have had regard to the Notice of Appeal and also to the material that was provided from the Magistrates Court, including the pre-sentence report and a number of letters.  I have also had regard to the statement of facts and the transcript of proceedings before the learned Magistrate.

1. In the absence of the appellant it is quite clear that the appeal must be dismissed and that is the order that I make.  I may say that I am comforted in making that order by reference to the material to which I have referred, which suggests to me that there were very little prospects of success on the appeal.

1. A warrant will now issue for the arrest of the appellant.

In the presence of the appellant

1. Mr Marsh, as you were not here this morning I have dismissed your appeal and the question now is whether I should make some consequential orders.  You have been given an opportunity to appeal in this matter, Mr Marsh, and you have done very little, if anything, in order to progress it.  I understand that it has been a hard time for you, but you had an obligation to ensure that this appeal was progressed.

1. I have dismissed your appeal in its entirety and I now propose to make orders in accordance with those that have been suggested by the Crown prosecutor, so you are going to have to go back and finish your sentence.  I would suggest that you need to get some further advice about this matter. 

1. I am not in a position to deal with the rights and wrongs of your appeal as opposed to other sentences, because the appeal simply has not been progressed at all in the time since you lodged it.

1. I confirm the sentence of 15 months imprisonment with a non-parole period of nine months imposed by the learned Magistrate.

1. Taking into account the 57 days you have spent in custody, the dates of the sentences will be amended as follows:

i.      CC 9902 of 2010 – six months imprisonment commencing on 10 October 2011 and expiring on 9 April 2012;

ii.      CC 9899 of 2010 – six months imprisonment commencing on 10 April 2012 and expiring on 9 October 2012;

iii.      CC 9900 of 2010 – six months imprisonment to run concurrent with the sentence imposed for the charge CC 9899 of 2010;

iv.      CC 9903 of 2010 – three months imprisonment commencing on 10 October 2012 and expiring on 9 January 2013.

1. The non-parole period of nine months is to commence on 10 October 2011 and expire on 9 July 2012.

   I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Justice Burns.

   Associate:

   Date:    9 December 2011

Counsel for the appellant:  The appellant appeared in person
Counsel for the respondent:  Mr T Jackson
Solicitor for the respondent:  ACT Director of Public Prosecutions
Date of hearing:  5 December 2011
Date of judgment:  5 December 2011