R v Gary Michael ALDRIDGE [2008] NSWDC 375

R v Gary Michael ALDRIDGE [2008] NSWDC 375

The appeal was allowed because, although the assault occasioning actual bodily harm was serious enough to require seven months imprisonment and a s 9 bond was not appropriate for that offence, the whole sentence should be suspended to permit Mr Aldridge to pursue rehabilitation for alcohol misuse and unresolved anger. For the remaining offences, good behaviour bonds under s 9 were appropriate to provide longer supervision and encourage rehabilitation.

Jurisdiction
Australia
Judgment Date
13 February 2008
Procedural Posture
Criminal Appeal Against Sentence / District Court Fresh Sentencing Exercise After Appeal From Sentences Imposed by Eden Local Court
Outcome
Appeal allowed; the magistrate's sentences were set aside and replaced with a suspended sentence and good behaviour bonds.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'common Assault' 'malicious Damage' 'failure to Appear' 'suspended Sentence' 'good Behaviour Bond' 'alcohol Rehabilitation']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm' 'common Assault' 'malicious Damage' 'failure to Appear' 'suspended Sentence' 'good Behaviour Bond' 'alcohol Rehabilitation']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / District Court Fresh Sentencing Exercise After Appeal From Sentences Imposed by Eden Local Court

Legal Issues

  1. 1 ['Whether the sentences imposed by the magistrate should be set aside on appeal against sentence.' 'Whether a bond under s 9 of the Crimes (Sentencing Procedure) Act 1999 was appropriate for the offence of assault occasioning actual bodily harm.' 'Whether a custodial sentence for assault occasioning actual bodily harm should be suspended to allow rehabilitation.' 'What orders should be made for the two common assaults, malicious damage and failure to appear.']

Ratio Decidendi

The appeal was allowed because, although the assault occasioning actual bodily harm was serious enough to require seven months imprisonment and a s 9 bond was not appropriate for that offence, the whole sentence should be suspended to permit Mr Aldridge to pursue rehabilitation for alcohol misuse and unresolved anger. For the remaining offences, good behaviour bonds under s 9 were appropriate to provide longer supervision and encourage rehabilitation.

Court Disposition

Appeal allowed; the magistrate's sentences were set aside and replaced with a suspended sentence and good behaviour bonds.

Orders

  • ['Under s 20(2)(a) of the Crimes (Appeal and Review) Act 2001 the appeal against sentence was determined by setting aside the sentence of the magistrate.' 'For assault occasioning actual bodily harm, a sentence of imprisonment of seven months was imposed, with execution of the whole sentence suspended for the whole...