Osman v R [2005] ACTSC 29 (4 April 2005)

Last Updated: 11 May 2005

MOHAMED OSMAN v THE QUEEN

[2005] ACTSC 29 (4 April 2005)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT

No. SCA 1 of 2005

Judge: Higgins CJ

Supreme Court of the ACT

Date: 4 April 2005

IN THE SUPREME COURT OF THE )

) No. SCA 1 of 2005

AUSTRALIAN CAPITAL TERRITORY )

ON APPEAL FROM THE MAGISTRATES COURT

BETWEEN: MOHAMED OSMAN

Appellant

AND: THE QUEEN

Respondent

ORDER

Judge: Higgins CJ

Date: 4 April 2005

Place: Canberra

THE COURT ORDERS THAT:

1. The appeal be upheld to the extent that the resultant sentences, imposed in the Magistrates Court, commenced 10 October 2002 and expire 1 April 2008.

2. The appellant be eligible for parole on 11 October 2005.

1. I think an appropriate course in this case is to confirm each of the individual sentences which were imposed by their Worships and that includes the proposition that the sentences they imposed were in the one case 15 months, to serve nine, and in the other case, 12 months, to serve three; that is three months if it is to be consecutive upon Magistrate Doogan's sentence.

2. Now, it seems to me, however, their Worships have unfortunately not expressed the resultant sentence terribly correctly. It seems to me that resultant sentence is as follows.

3. The appellant is to be re-sentenced according to Magistrate Doogan's requirements for rehabilitation. For the term of imprisonment commencing on 10 October 2002 and expiring on 1 April 2008, he is not to be eligible for parole until 11 October 2005.

4. While Magistrate Doogan, when she expressed the sentences, said that they were to expire on 9 January 2008, I think she is wrong. It is another error that I am correcting. That should have been 1 April 2008.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Chief Justice Higgins.

Associate:

Date: 4 April 2005

Counsel for the Appellant: Ms T Warwick

Solicitor for the Appellant: S & T Lawyers

Counsel for the Respondent: Mr D Morters

Solicitor for the Respondent: Office of the Director of Public Prosecutions

(ACT)

Date of hearing: 4 April 2005

Date of judgment: 4 April 2005