Bartlett v Director of Public Prosecutions [2009] ACTSC 52 (7 May 2009)

Last Updated: 20 July 2009

JESSICA BARTLETT v DIRECTOR OF PUBLIC PROSECUTIONS

[2009] ACTSC 52 (7 May 2009)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 101 of 2008

Judge: Higgins CJ

Supreme Court of the ACT

Date: 7 May 2009

IN THE SUPREME COURT OF THE )

) No. SCA 101 of 2008

AUSTRALIAN CAPITAL TERRITORY )

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: JESSICA BARTLETT

Appellant

AND: DIRECTOR OF PUBLIC PROSECUTIONS

Respondent

ORDER

Judge: Higgins CJ

Date: 7 May 2009

Place: Canberra

THE COURT ORDERS THAT:

1. The appeal be dismissed.

1. This is a very serious offence. Admittedly the appellant had good character on her side. I see no suggestion the magistrate did not take account of that. She offered and offers co-operation with authorities; that goes to her favour too. However, and clearly it seems to me, the outcome that she has effectively received, a suspended sentence with no time in custody, was appropriate, given the promised co-operation.

2. I simply endorse what the learned magistrate did. 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.

Associate:

Date: 12 May 2009

Counsel for the Appellant: Ms T Warwick

Solicitor for the Appellant: S & T Lawyers

Counsel for the Respondent: Mr C Todd

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

Date of hearing: 7 May 2009

Date of judgment: 7 May 2009