Richard Robinson v Steven Wiggins

[2012] ACTSC 193

RICHARD ROBINSON v STEVEN WIGGINS
[2012] ACTSC 193 (11 December 2012)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 4 of 2010

Judge:              Higgins CJ
Supreme Court of the ACT

Date:               11 December 2012

IN THE SUPREME COURT OF THE       )
  )          No. SCA 4 of 2010
AUSTRALIAN CAPITAL TERRITORY    )          

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:RICHARD ROBINSON

Appellant

AND:STEVEN WIGGINS

Respondent

ORDER

Judge:  Higgins CJ
Date:  11 December 2012
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be upheld to the extent of deleting the community service order.

1. The fine be reduced to $1000 with six months to pay from 11 December 2012.

1. Mr Sharman, I think you have made out a case for some review of the penalty and I propose to uphold the appeal to extent that, firstly in relation to the second matter, the community service order be deleted. 

1. Secondly, as far as the fine is concerned, a total remission would be inappropriate, given that the appellant does have a capacity apparently to continue earning.  However, I do think it should be halved and time to pay allowed.  In the circumstances, it is appropriate to reduce the fine to $1000, allowing six months to pay from today. Otherwise, the penalties imposed by the learned magistrate, including convictions, are confirmed, save for the community service order, which will be deleted.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Chief Justice Higgins.

Associate:

Date:     4 January 2013

Counsel for the Appellant:  Mr T Sharman
Solicitor for the Appellant:  Rachel Bird & Co
Counsel for the Respondent:  Mr K Lee
Solicitor for the Respondent:  ACT Director of Public Prosecutions
Date of hearing:  11 December 2012
Date of judgment:  11 December 2012