Snaidero v Crampton

[2014] ACTSC 262

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Stephanie Snaidero v Brooke Amy Crampton and Bridget O’Sullivan

Citation:

[2014] ACTSC 262

Hearing Date(s):

28 July 2014

DecisionDate:

28 July 2014

Before:

Refshauge J

Decision:

1.    The appeal be allowed to the extent of declaring that one period of periodic detention served by the appellant prior to the institution of the appeal in Snaidero v O’Sullivan [2013] ACTSC 117 be declared to have been taken as service of the order of the Magistrates Court on 29 August 2013.

2.    The appeal be otherwise dismissed.

Category:

Principal Judgment

Catchwords:

APPEAL AND NEW TRIAL – Appeal against sentence – Whether learned Magistrate erred in sentencing – No error in not taking pre-sentence supervision into account – Medical condition is one that can be addressed by the Sentence Administration Board – No error in the decision of the learned Magistrate – Periodic detention already served should have been taken into account in re-sentencing the Appellant

APPEAL AND NEW TRIAL – Application for appeal to be struck out for want of prosecution – Considerations for such an application – Appellant’s responsibility for the delay not egregious – Delays not caused solely by the Appellant – Application dismissed

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT), s 73
Magistrates Court Act 1930 (ACT), ss 209, 216, Part 3.10

Court Procedures Rules 2006 (ACT), r 5191

Cases Cited:

Blunden v The Commonwealth [2014] ACTSC 123
Commonwealth v Australasian Correctional Services Pty Ltd [2013] ACTSC 37
Cooper v Corvisy (No 2) (2010) 5 ACTLR 151
Grooms v Toohey (2012) 7 ACTLR 1
Muto v Faul [1980] VR 26
Pettitt v Dunkley [1971] 1 NSWLR 376
R v Webb (2004) 149 A Crim R 167
R v Smith (1987) 27 A Crim R 315
Snaidero v O’Sullivan [2013] ACTSC 117

Parties:

Stephanie Snaidero (Appellant)

Brook Amy Crampton (First Respondent)

Bridget O’Sullivan (Second Respondents)

Representation:

Counsel

Self-represented (Appellant)

Mr M Reardon (First and Second Respondent)

Solicitors

Self-represented (Appellant)

ACT Director of Public Prosecutions (First and Second Respondent)

File Number(s):

SCA 80 of 2013

Decision under appeal: 

Court/Tribunal:             Magistrates Court

Before:  Magistrate Morrison

Date of Decision:         29 August 2013

Case Title:  Brooke Amy Crampton and Bridget O’Sullvian v Stephanie Snaidero

Court File Number(s):   155226

Refshauge J:

1. On 30 November 2011, Stephanie Snaidero, the appellant, was stopped by police while driving on Adelaide Avenue, Yarralumla.  She had been disqualified from driving on 29 September 2011.  Even though she had appeared in Court on that day, she said that she was not aware that she had been disqualified from holding or obtaining a licence.

1. On 10 February 2012, Ms Snaidero, was intercepted by police while driving on William Slim Drive in Giralang.  She remained at that time disqualified from obtaining or holding a driver licence.  She was arrested and charged with driving while she was so disqualified.

1. She appeared in Court on 11 February 2012 and bail was refused but she was granted bail four days later.  At the time, she…