Manna v Foti
[2012] ACTSC 113
•June 26, 2012
PETER MANNA v MICHAEL FOTI
[2012] ACTSC 113 (26 June 2012)
EX TEMPORE JUDGMENT
ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. SCA 2 of 2012
Judge: Higgins CJ
Supreme Court of the ACT
Date: 26 June 2012
IN THE SUPREME COURT OF THE )
) No. SCA 2 of 2012
AUSTRALIAN CAPITAL TERRITORY )
BETWEEN:PETER MANNA
Appellant
AND:MICHAEL FOTI
Respondent
ORDER
Judge: Higgins CJ
Date: 26 June 2012
Place: Canberra
THE COURT ORDERS THAT:
The appeal is upheld.
Without going into too much detail I find that, in the circumstances, the accumulation of all the sentences was excessive, and, I think some of the sentences themselves were excessive. Of course we are only dealing with relatively short sentences here, so the degree to which they are excessive is, in absolute terms, not a great deal, but it does seem to me they ought to be reduced to some extent.
In summary, what I am proposing to do is to reduce the overall effect of the sentences, which will lead to a head sentence of 18 months imprisonment with a non parole period of nine months. That will mean you will not be eligible for parole immediately, but you may be eligible for parole in a few months time, provided you can persuade the Sentence Administration Board that you are not a risk to the community. It may take you the whole 18 months before that can happen, in which case you will serve the full sentence, or it may take you less, but that is over to you.
I will give particulars of that as follows. I will refer to them as counts for the purpose of convenience and order them according to the time at which the alleged offence was committed. I will not give the numbers.
The first sentence of four months imprisonment, I reduce to three months imprisonment. The second sentence of four months imprisonment, I reduce to three months imprisonment and make it cumulative as to two months. The third sentence of four months imprisonment, I reduce to three months imprisonment and make cumulative as to two months. The sentence of eight months imprisonment I do not interfere with, but I make that sentence cumulative on the previous sentences as to six months. The final count, in respect of which there was four months of imprisonment, I confirm that sentence, but make it cumulative as to three months on the previous sentences.
On my calculation, that adds up to 18 months. It will commence from 11 November 2011. I fix a non parole period of nine months from that date.
Mr Manna, you have got an opportunity now to persuade the Sentence Administration Board that you can be trusted. You will need to address your underlying drug problem. If you can do that, you may get parole before the expiration of your sentence. Otherwise, you may not. You are only eligible for parole at the expiration of nine months; you do not automatically get it.
I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Chief Justice Higgins.
Associate:
Date: 12 July 2012
Counsel for the Appellant: The Appellant represented himself
Counsel for the Respondent: Mr B Allison
Solicitor for the Respondent: Director of Public Prosecutions for the ACT
Date of hearing: 26 June 2012
Date of judgment: 26 June 2012
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