Reynders v Wynants [2008] ACTSC 143

Reynders v Wynants [2008] ACTSC 143 (25 November 2008)

Last Updated: 23 December 2008

BENJAMIN CHARLES REYNDERS v MATTHEW JAMES WYNANTS

[2008] ACTSC 143 (25 November 2008)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT

No. SCA 68 of 2008

Judge: Higgins CJ

Supreme Court of the ACT

Date: 25 November 2008

IN THE SUPREME COURT OF THE )

) No. SCA 68 of 2008

AUSTRALIAN CAPITAL TERRITORY )

ON APPEAL FROM THE MAGISTRATES COURT

BETWEEN: BENJAMIN CHARLES REYNDERS

Appellant

AND: MATTHEW JAMES WYNANTS

Respondent

ORDER

Judge: Higgins CJ

Date: 25 November 2008

Place: Canberra

THE COURT ORDERS THAT:

1. The sentences imposed by Magistrate Lalor be confirmed.

2. In respect of CC08/4885, the sentence be reimposed so as to date from 1 September 2008 and the licence disqualification period be reduced to 12 months from that date.

1. I am minded to reduce the licence disqualification period to the default period on the basis that while his Honour said, "you pleaded guilty on the third occasion you came before the court" it was in fact on the information before his Honour on the second occasion. But, as Mr Herrald said, it should have been noted on the first occasion that it came before the Registrar and I think some more leniency would have perhaps been attracted by that, although not a huge amount because, as Ms Campbell says, the prosecution case was not a weak one by any means.

2. Whilst I confirm in all other respects the sentences imposed by his Honour, I re-impose the sentence for the prescribed concentration of alcohol offence to date from 1 September this year and I reduce the disqualification to apply for 12 months from that date rather than 15 months. Otherwise the appeal is dismissed.

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.