Ahadizad v Freeman [2008] ACTSC 62 (6 June 2008)

Last Updated: 28 July 2008

TOORAGE ANDREW AHADIZAD v WILLIAM PATRICK FREEMAN

[2008] ACTSC 62 (6 June 2008)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT

No. SCA 96 of 2007

Judge: Higgins CJ

Supreme Court of the ACT

Date: 6 June 2008

IN THE SUPREME COURT OF THE )

) No. SCA 96 of 2007

AUSTRALIAN CAPITAL TERRITORY )

ON APPEAL FROM THE MAGISTRATES COURT

BETWEEN: TOORAGE ANDREW AHADIZAD

Appellant

AND: WILLIAM PATRICK FREEMAN

Respondent

ORDER

Judge: Higgins CJ

Date: 6 June 2008

Place: Canberra

THE COURT ORDERS THAT:

1. In relation to CC05 /8458, Mr Ahadizad is sentenced to 12 weeks' imprisonment. In relation to CC06/351, Mr Ahadizad is sentenced to 26 weeks' imprisonment.

2. Those sentences are to be cumulative and to commence on 24 July 2007. Mr Ahadizad is directed to be released from custody forthwith.

1. I think an appropriate disposition is to re-sentence Mr Ahadizad in respect of the two matters that are subject to section 82A of the Crimes (Sentencing Administration) Act 2005 (ACT). I think the simplest, most appropriate course is to sentence Mr Ahadizad to 12 weeks' imprisonment in respect of the March 2006 matter (CC05/8458: drive while disqualified) and 26 weeks' imprisonment in respect of the 19 May 2006 matter (CC06/351: drive while disqualified). Those sentences are to be cumulative and to commence on 24 July 2007, taking account of time spent in custody. As you will appreciate that has already expired.

2. I impose those sentences upon Mr Ahadizad. I note they have been served and Mr Ahadizad is directed to be released from custody forthwith.

I certify that the preceding (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Chief Justice Higgins.

Associate:

Date: 27 June 2008

Counsel for the appellant: Mr S Gill

Solicitor for the appellant: Ken Cush & Associates

Counsel for the respondent: Ms Davidson

Solicitor for the respondent: Director of Public Prosecutions for the ACT

Date of hearing: 6 June 2008

Date of judgment: 6 June 2008