Russell Kenneth Fawcett v Troy Gordon
[2010] ACTSC 101
•18 August 2010
RUSSELL KENNETH FAWCETT v TROY GORDON [2010] ACTSC 101 (18 August 2010)
EX TEMPORE JUDGMENT
ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. SCA 59 of 2008
Judge: Nield A/J
Supreme Court of the ACT
Date: 18 August 2010
IN THE SUPREME COURT OF THE )
) No. SCA 59 of 2008
AUSTRALIAN CAPITAL TERRITORY )
ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:RUSSELL KENNETH FAWCETT
Appellant
AND: TROY GORDON
Respondent
ORDER
Judge: Nield A/J
Date: 18 August 2010
Place: Canberra
THE COURT ORDERS THAT:
The appeal is dismissed.
The conviction and orders of the sentencing magistrate are confirmed.
As to the appeal of Russell Kenneth Fawcett. There is nothing in the order made by the magistrate that I see to be incorrect or inappropriate. Indeed, it is an appropriate order, taking into account on the question of totality, the five months’ imprisonment served by the appellant in a prison in New South Wales following his conviction by the Local Court in Goulburn.
Accordingly, I dismiss the appeal. I confirm the sentence of imprisonment for five months. I take into account that the appellant has served 23 days from 2 July 2008 pending his release on bail. Accordingly, the period is four months and seven days from today, 18 August, to and including 24 December 2010.
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: I Fernandez
Date: 8 September 2010
Counsel for the appellant: Ms T Warwick
Solicitor for the appellant: Darryl Perkins Solicitor
Counsel for the respondent: Ms M Hunter
Solicitor for the respondent: ACT Director of Public Prosecutions
Date of hearing: 18 August 2010
Date of judgment: 18 August 2010
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