Mohamed Osman v Phillip Larkham

[2011] ACTSC 81

MOHAMED OSMAN v PHILLIP LARKHAM [2011] ACTSC 81 (16 May 2011)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 28  of  2010

Judge:   Nield A/J
Supreme Court of the ACT
Date:    16 May 2011

IN THE SUPREME COURT OF THE       )
  )          No. SCA 28 of  2010
AUSTRALIAN CAPITAL TERRITORY    )

BETWEEN:MOHAMED OSMAN

Appellant

AND:              PHILLIP LARKHAM
  Respondent

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

ORDER

Judge:  Nield A/J
Date:  16 May 2011
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal is withdrawn and dismissed.

1. The conviction and sentence are confirmed.

As to the appeals of Mohamed Osman.

1. I grant leave to the appellant to withdraw the appeals.

1. I dismiss the appeals.  I confirm the sentences imposed upon the appellant by the Magistrate, those being:

1. ride in a motor vehicle without the consent of the owner, – imprisonment for three months,

2. take a motor vehicle without the consent of the owner – imprisonment for 12 months,

3. drive whilst disqualified – imprisonment for three months, with disqualification from holding or obtaining a driver’s licence until further order of the Court,

4. stealing – imprisonment for three months, with compensation in the amount of $976.00 to be paid into court within 28 days for payment to Frances Trimmer, and

5. reckless damage to property – imprisonment for six months.

1. The total period of imprisonment is 15 months from 8 March 2011.  The non-parole period is six months from 8 March 2011.  So the earliest date for release is                  7 September 2011.  The parole period expires on 7 June 2012.

   I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Acting Justice Nield.

   Associate:

   Date:    18 May 2011

Counsel for the appellant:  Dr B Boss
Solicitor for the appellant:  Craig Lynch and Associates
Counsel for the respondent:  Mr T Jackson
Solicitor for the respondent:  ACT Director of Public Prosecutions
Date of hearing:  16 May 2011
Date of judgment:  16 May 2011