Fliedner v Eliades [2010] ACTSC 99 (12 August 2010)

Last Updated: 10 September 2010

STEPHEN MARTIN FLIEDNER v NICHOLAS ELIADES [2010] ACTSC 99 (12 August 2010)

EX TEMPORE JUDGMENT

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 30 of 2010

Judge: Nield A/J

Supreme Court of the ACT

Date: 12 August 2010

IN THE SUPREME COURT OF THE )

) No. SCA 30 of 2010

AUSTRALIAN CAPITAL TERRITORY )

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: STEPHEN MARTIN FLIEDNER

Appellant

AND: NICHOLAS ELIADES

Respondent

ORDER

Judge: Nield A/J

Date: 12 August 2010

Place: Canberra

THE COURT ORDERS THAT:

1. The appeal is dismissed.

2. The convictions and orders of the sentencing magistrate are confirmed.

3. The period of disqualification is confirmed.

1. Mr Fliedner, I really cannot say there is any error in what the magistrate has done. In those circumstances, I cannot allow your appeal in relation to any part of the sentences imposed upon you by a magistrate. Do you understand that? So that would mean that I would dismiss your appeal, confirm the convictions, confirm the orders, some are for imprisonment and some are good behaviour bonds. You have entered into those bonds already. They, of course, were for relatively short periods of time and they will be consumed by the sentence.

2. You have a 13 year old and a nine year old, both mothered by the same woman. You do not live with the mother of your children. You financially support both your children.

3. As I said, your main offending seems to be your improper use of a motor vehicle.

4. There’s an obligation on every licence holder to ensure that the licence is renewed before expiry.

5. And if the licence holder fails to do so and drives after expiry, then the licence holder is driving without a licence and that is an offence. And that is a serious offence, because a licence is a privilege, not a right. And, as I have said, a lot of your offences have been driving offences. And there has been now another driving offence including driving in a manner that is dangerous. For the safety of the public, you are best off the road, and I can understand, in view of your record, the magistrate’s determination to disqualify you from holding a licence for three years. I cannot see there is any error in that, unfortunate though it may be for your occupation because you will not be able to drive a truck, or any other vehicle, in any State or Territory of Australia.

6. I’m sorry, Mr Fliedner, but there’s no error by the magistrate. And absent an error, I can’t allow the appeal.

7. So the orders I make are, I dismiss the appeal, confirm the convictions. Confirm the orders and sentences. Confirm the period of disqualification.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Acting Justice Nield.

Associate: I Fernandez

Date: 8 September 2010

Counsel for the appellant: N/A

Solicitor for the appellant: Self-represented

Counsel for the respondent: Mr T Hickey

Solicitor for the respondent: ACT Director of Public Prosecutions

Date of hearing: 12 August 2010

Date of judgment: 12 August 2010