Omar, O. v. Lanham, G.E. [1985] FCA 325

&: IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAFITAL TERRITORY DISTRICT REGISTRY

No. ACT G 33 of 1985

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GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN : OMAR OMAR Appellant AND: GEOFFREY EDWARD LANHAM Respondent

CORSM: Neaves J.

DATE: 26 June 1985

EX TEMPORE JUDGMENT

This is an application by Omar Omar ("the appellant") for bail pending the hearing and determination of an appeal to this Court against the severity of a sentence imposed on the applicant on 20 June 1985 by the Supreme Court of the

Australian Capital Territory.

The appellant was charged, originally before the Court of Petty Sessions, with an offence against section 188 of the

Crimes Act, 1900 (N.S.W.) in 1ts application to the Territory

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of receiving goods, to wit a stereo, knowing the same to have been stolen. He was convicted on 31 July 1984. The magistrate decided that he should, without passing a sentence of

itmprisonmenr, release the appeilant upon his entering into a bond himself in the sum of, $560 upon Ehe Following conditions: that he be of good behaviour for a period of two vears from that day and that he pay, as a penalty to the Commonwealth, the

sum of $500 within 90 days.

From his conviction, the applicant appealed to the Supreme Court. I understand that, pending the appeal, the

applicant was allowed bail. The appeal did not come before the Court - that is, the Supreme Court - until 19 and 20 June 1985.

On the latter date the appeal was dismissed and the appellant convicted of the offence and sentenced to imprisonment for nine months. The applicant, as I have said, has appealed to this

Court against the severity of that sentence.

There is little material before me, either as to the circumstances of the offence or, in particular. as to the matters which the learned judge of the Supreme Court took into