CDPP v Bozana Fabri [2008] NSWSC 655

CDPP v Bozana Fabri [2008] NSWSC 655

The magistrate erred in law by dismissing the information on the basis that it was laid after the recognisance period had expired. On the proper construction of s 20A(1) and s 20A(1A) of the Crimes Act 1914 (Cth), an information alleging lack of good behaviour constituted by commission of an offence need not be laid within the good behaviour period, so long as the offence was committed within that period. There was a sufficient basis that the later offence was at least partly committed within the recognisance period, and it was just for the s 20A information to be heard with sentencing for that offence.

Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Prosecutor's Appeal From Local Court Dismissal of an Information and Summons Alleging Failure to Comply With a Recognisance Condition Under S 20 a of the Crimes Act 1914 (cth) / Ex Tempore Judgment on Appeal Under S 56 of the Crimes (appeal and Review) Act 2001
Outcome
Appeal allowed; the Local Court dismissal was treated as based on an error of law and orders were made as sought by the DPP.
Legal Topics
['appeal on Question of Law' 'recognisance' 'good Behaviour Bond' 'failure to Comply With Condition of Release' 'time for Laying Information' 'totality Principle']
['criminal Law' 'criminal Procedure' 'sentencing'] ['appeal on Question of Law' 'recognisance' 'good Behaviour Bond' 'failure to Comply With Condition of Release' 'time for Laying Information' 'totality Principle']

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Procedural Posture

Prosecutor's Appeal From Local Court Dismissal of an Information and Summons Alleging Failure to Comply With a Recognisance Condition Under S 20 a of the Crimes Act 1914 (cth) / Ex Tempore Judgment on Appeal Under S 56 of the Crimes (appeal and Review) Act 2001

Legal Issues

  1. 1 ['Whether an information alleging failure to comply with a good behaviour recognisance by commission of an offence must be laid within the period for which good behaviour was required.' 'Whether s 20A of the Crimes Act 1914 (Cth) is ambiguous in relation to offence-based failures to comply with a condition of release.' 'Whether the information should be dealt with at the same time as sentencing for the later offence.']

Ratio Decidendi

The magistrate erred in law by dismissing the information on the basis that it was laid after the recognisance period had expired. On the proper construction of s 20A(1) and s 20A(1A) of the Crimes Act 1914 (Cth), an information alleging lack of good behaviour constituted by commission of an offence need not be laid within the good behaviour period, so long as the offence was committed within that period. There was a sufficient basis that the later offence was at least partly committed within the recognisance period, and it was just for the s 20A information to be heard with sentencing for that offence.

Court Disposition

Appeal allowed; the Local Court dismissal was treated as based on an error of law and orders were made as sought by the DPP.

Orders

  • ['Orders made in accordance with the short minutes of order initialled by Rein J and dated 20 June 2008.' 'The s 20A information was to be dealt with together with sentencing for the later offence.' 'Leave granted to the DPP to have formal orders taken out forthwith.']