Peter Edward Poulakis v Christopher Richard Taylor

[2009] ACTSC 51

PETER EDWARD POULAKIS v CHRISTOPHER RICHARD TAYLOR
[2009] ACTSC 51 (9 April 2009)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 88 of 2008

Judge:             Higgins CJ
Supreme Court of the ACT

Date:              9 April 2009

IN THE SUPREME COURT OF THE       )
  )          No. SCA 88 of 2008
AUSTRALIAN CAPITAL TERRITORY    )          

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:PETER EDWARD POULAKIS

Appellant

AND:CHRISTOPHER RICHARD TAYLOR

Respondent

ORDER

Judge:  Higgins CJ
Date:  9 April 2009
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be upheld.

1. In respect of charge CC2008/8697 a conviction be recorded.

1. The appellant be subject to a 12 month licence disqualification to date from 9 April 2009 and be fined $250 with 3 months to pay.

1. In respect of the breach of the good behaviour order (CC2008/9522) the appellant be resentenced on the same terms as those imposed by the learned Magistrate.

1. I propose to uphold the appeal, but impose a conviction in respect of the drive while disqualified. 

1. That puts the appellant in breach of the good behaviour order, against which there can be no appeal. However, on re-sentencing it seems to me that the appropriate order is to sentence the appellant to the same sentence dating from the same date, so that effectively that previous sentence will expire by effluxion of time. 

1. The 12 months’ disqualification period therefore, in order to be effective, should be from today.  In relation to the offence itself it seems to me that a fine of $250 would be appropriate, having regard to the penalties previously imposed upon the appellant which have been detailed in his record. 

1. So, there will be two orders. First that the appeal be upheld, second that a conviction in respect of the drive while disqualified be recorded and the offender be re-sentenced in respect of that to a disqualification of licence for a period of 12 months from today, and a fine of $250 with 3 months to pay.  In respect of the breach of good behaviour order, a breach is established.  The good behaviour order is cancelled.  Mr Poulakis is re-sentenced on the same terms as he was previously sentenced by Magistrate Lalor, including the good behaviour order that his Honour ordered. That will have expired by now. 

1. I will note the re-sentencing, however, Mr Poulakis is not required to enter into any document.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Chief Justice Higgins.

Associate:

Date:   12 May 2009

Counsel for the Appellant:  Mr K Saeedi
Solicitor for the Appellant:  Kamy Saeedi Lawyers
Counsel for the Respondent:  Mr J Kellaway
Solicitor for the Respondent:  Director of Public Prosecutions for the ACT
Date of hearing:  9 April 2009
Date of judgment:  9 April 2009