R v Tony PULITANO [2009] NSWDC 366

R v Tony PULITANO [2009] NSWDC 366

The offender knowingly breached the conditions of his suspended sentence bond by failing to accept supervision and notify a change of address, despite clear warnings that breach would result in imprisonment. His medical treatment and circumstances did not amount to good reasons to excuse the breach, so the suspended sentence was revoked. Special circumstances were found because of his rehabilitation prospects, age, and the benefit of supervision, warranting a nine-month non-parole period within an eighteen-month sentence.

Jurisdiction
Australia
Judgment Date
09 October 2009
Procedural Posture
Criminal Sentencing / Sentence Following Breach of Suspended Sentence Bond
Outcome
The order suspending execution of the sentence of imprisonment was revoked and the offender was sentenced to imprisonment for eighteen months with a non-parole period of nine months.
Legal Topics
['absconding' 'breach of Bond' 'suspended Sentence' 'non Parole Period' 'parole Supervision']
['criminal Law' 'sentencing'] ['absconding' 'breach of Bond' 'suspended Sentence' 'non Parole Period' 'parole Supervision']

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Procedural Posture

Criminal Sentencing / Sentence Following Breach of Suspended Sentence Bond

Legal Issues

  1. 1 ["Whether there were good reasons under s 98 of the Crimes (Sentencing Procedure) Act 1999 to excuse the offender's breach of the s 12 bond." 'Whether special circumstances should be found in fixing the non-parole period.' 'What sentence should be imposed after revocation of the order suspending execution of the sentence of imprisonment.']

Ratio Decidendi

The offender knowingly breached the conditions of his suspended sentence bond by failing to accept supervision and notify a change of address, despite clear warnings that breach would result in imprisonment. His medical treatment and circumstances did not amount to good reasons to excuse the breach, so the suspended sentence was revoked. Special circumstances were found because of his rehabilitation prospects, age, and the benefit of supervision, warranting a nine-month non-parole period within an eighteen-month sentence.

Court Disposition

The order suspending execution of the sentence of imprisonment was revoked and the offender was sentenced to imprisonment for eighteen months with a non-parole period of nine months.

Orders

  • ['The order suspending the execution of the sentence of imprisonment is revoked.' 'The offender is sentenced to imprisonment for eighteen months.' 'The non-parole period is nine months.' 'The sentence commenced on 27 July 2009 and the non-parole period expires on 26 April 2010, on which day the offender is to be...