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[2011] ACTSC 81
Supreme Court of the ACT
2011-05-16
Nield J
Original judgment source is linked above.
Text from the judgment source.
Last Updated: 8 June 2011
MOHAMED OSMAN v PHILLIP LARKHAM [2011] ACTSC 81 (16 May 2011)
EX TEMPORE JUDGMENT
ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. SCA 28 of 2010
Judge: Nield A/J
Supreme Court of the ACT
Date: 16 May 2011
IN THE SUPREME COURT OF THE )
) No. SCA 28 of 2010
AUSTRALIAN CAPITAL TERRITORY )
BETWEEN: MOHAMED OSMAN
Appellant
AND: PHILLIP LARKHAM
Respondent
ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
ORDER
Judge: Nield A/J
Date: 16 May 2011
Place: Canberra
THE COURT ORDERS THAT:
1. The appeal is withdrawn and dismissed.
2. The conviction and sentence are confirmed.
As to the appeals of Mohamed Osman.
1. I grant leave to the appellant to withdraw the appeals.
2. I dismiss the appeals. I confirm the sentences imposed upon the appellant by the Magistrate, those being:
ride in a motor vehicle without the consent of the owner, - imprisonment for three months,
take a motor vehicle without the consent of the owner - imprisonment for 12 months,
drive whilst disqualified - imprisonment for three months, with disqualification from holding or obtaining a driver's licence until further order of the Court,
stealing - imprisonment for three months, with compensation in the amount of $976.00 to be paid into court within 28 days for payment to Frances Trimmer, and
reckless damage to property - imprisonment for six months.
3. The total period of imprisonment is 15 months from 8 March 2011. The non-parole period is six months from 8 March 2011. So the earliest date for release is 7 September 2011. The parole period expires on 7 June 2012.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Acting Justice Nield.
Associate:
Date: 18 May 2011
Counsel for the appellant: Dr B Boss
Solicitor for the appellant: Craig Lynch and Associates
Counsel for the respondent: Mr T Jackson
Solicitor for the respondent: ACT Director of Public Prosecutions
Date of hearing: 16 May 2011
Date of judgment: 16 May 2011
Osman
Larkham [2011] ACTSC 81