R v Hall; Hall v R [2015] NSWDC 359

R v Hall; Hall v R [2015] NSWDC 359

The offender's breach of the good behaviour bond was outweighed in significance by the other matters and warranted no action. The Local Court sentences were set aside because lesser sentences were appropriate for intimidation and assault occasioning actual bodily harm, and the apprehended violence order contravention involved no violence and was sufficiently dealt with by conviction without further penalty. For the aggravated break, enter and steal offences, the home break-in was low to mid-range in seriousness and the ram raid was more serious and in the middle range, with aggravation from offending on conditional liberty and the residential nature of one offence. The offender's youth,...

Jurisdiction
Australia
Judgment Date
15 October 2015
Procedural Posture
Criminal Sentencing, Sentence Appeals and Breach of Good Behaviour Bond / District Court Sentence for Two Aggravated Break, Enter and Steal Offences, Appeals Against Local Court Sentences Under S 20(2) of the Crimes (appeal and Review) Act 2001, and Determination of Breach of Good Behaviour Bond
Outcome
No action taken for breach of good behaviour bond; sentence appeals allowed and Local Court sentences set aside; offender resentenced; aggregate custodial sentence imposed for aggravated break, enter and steal offences; compensation direction made; conviction recorded for driving whilst suspended without further...
Legal Topics
['aggravated Break, Enter and Steal' 'ram Raid' 'contravening an Apprehended Violence Order' 'intimidation' 'assault Occasioning Actual Bodily Harm' 'good Behaviour Bond Breach' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'conditional Liberty' 'plea of Guilty' 'form 1 Offence' 'compensation Order']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'ram Raid' 'contravening an Apprehended Violence Order' 'intimidation' 'assault Occasioning Actual Bodily Harm' 'good Behaviour Bond Breach' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'conditional Liberty' 'plea of Guilty' 'form 1 Offence' 'compensation Order']

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Procedural Posture

Criminal Sentencing, Sentence Appeals and Breach of Good Behaviour Bond / District Court Sentence for Two Aggravated Break, Enter and Steal Offences, Appeals Against Local Court Sentences Under S 20(2) of the Crimes (appeal and Review) Act 2001, and Determination of Breach of Good Behaviour Bond

Legal Issues

  1. 1 ["What action should be taken for the offender's failure to comply with a condition of a good behaviour bond." 'Whether the Local Court sentences for contravening an apprehended violence order, intimidation, and assault occasioning actual bodily harm should be set aside on appeal and what sentences should be imposed instead.' 'What sentence should be imposed for two offences of aggravated break, enter and steal committed in company, including one ram raid offence and a Form 1 offence of stealing a motor vehicle taken into account.' 'Whether special circumstances justified altering the ratio between the head sentence and non-parole period.' "Whether a compensation direction should be made for the insurer's loss."]

Ratio Decidendi

The offender's breach of the good behaviour bond was outweighed in significance by the other matters and warranted no action. The Local Court sentences were set aside because lesser sentences were appropriate for intimidation and assault occasioning actual bodily harm, and the apprehended violence order contravention involved no violence and was sufficiently dealt with by conviction without further penalty. For the aggravated break, enter and steal offences, the home break-in was low to mid-range in seriousness and the ram raid was more serious and in the middle range, with aggravation from offending on conditional liberty and the residential nature of one offence. The offender's youth,...

Court Disposition

No action taken for breach of good behaviour bond; sentence appeals allowed and Local Court sentences set aside; offender resentenced; aggregate custodial sentence imposed for aggravated break, enter and steal offences; compensation direction made; conviction recorded for driving whilst suspended without further...

Orders

  • ['In respect of the failure to comply with a condition of a good behaviour bond, under s 98(2) of the Crimes (Sentencing Procedure) Act 1999 no action is to be taken for the failure to comply.' 'In respect of the appeals against sentence under s 20(2) of the Crimes (Appeal and Review) Act 2001 the sentences are set...