Nathan Adrian Starkey v Robert William Griffith

[2010] ACTSC 111

NATHAN ADRIAN STARKEY v ROBERT WILLIAM GRIFFITH [2010] ACTSC 111 (9 September 2010)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 14 of 2010

Judge:  Nield A/J
Supreme Court of the ACT
Date:   9 September 2010

IN THE SUPREME COURT OF THE     )
  )          No. SCA 14 of 2010
AUSTRALIAN CAPITAL TERRITORY           )

BETWEEN:NATHAN ADRIAN STARKEY

Appellant

AND:             ROBERT WILLIAM GRIFFITH
  Respondent

ORDER

Judge:  Nield A/J
Date:  9 September 2010 
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeals be allowed.

2. The order and sentences of the sentencing Magistrates be set aside.

1. As to the charge of assault, I set aside the sentence of imprisonment for six months to be served by periodic detention.  As to the charge of bring green vegetable matter into the prison committed on 27 June 2009, I set aside the sentence of imprisonment for three months to be served by periodic detention.

1. As to the resentencing of the appellant, I stand that over to 9.30 am on 18 October 2010 before me.  I request a pre-sentence report to be available for 18 October, and to this end, the appellant must report to Corrective Services forthwith.  I’ll dispense with bail.

   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:   16 September 2010

Counsel for the appellant:  Mr R Thomas
Solicitor for the appellant:  Darryl Perkins Solicitors
Counsel for the respondent:  Ms K Weston-Scheuber
Solicitor for the respondent:  ACT Director of Public Prosecutions
Date of hearing:  9 September 2010 
Date of judgment:  9 September 2010