Stephanie Snaidero v Bridget O'Sullivan

[2013] ACTSC 117

STEPHANIE SNAIDERO v BRIDGET O’SULLIVAN
[2013] ACTSC 117 (31 MAY 2013)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 85 of 2012

Judge:              Higgins CJ
Supreme Court of the ACT

Date:               31 May 2013

IN THE SUPREME COURT OF THE       )
  )          No. SCA 85 of 2012
AUSTRALIAN CAPITAL TERRITORY    )          

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:STEPHANIE SNAIDERO

Appellant

AND:BRIDGET O’SULLIVAN

Respondent

ORDER

Judge:  Higgins CJ
Date:  31 May 2013
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be upheld.

1. The sentences be set aside.

1. The convictions be maintained.

1. The matter be remitted to the learned Magistrate to impose sentences.

1. Certainly, being sentenced as being a repeat offender twice when the appellant should not have been at all considered a repeat offender on either matter would influence the overall sentence.

1. On that basis, the appeal is upheld.  All the sentences are set aside, the convictions are maintained and the matter otherwise remitted to the Magistrates Court for the purpose of sentences being imposed according to law.

1. I give leave for the notice of appeal to be amended accordingly, noting the amendment as a result.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Chief Justice Higgins.

Associate:

Date: 14 June 2013             

Counsel for the Appellant:  Mr Davies
Solicitor for the Appellant: Legal Aid ACT
Counsel for the Respondent:  Mr Jackson
Solicitor for the Respondent:  Director of Public Prosecutions
Date of hearing:  31 May 2013
Date of judgment:  31 May 2013