R v Heath [2014] NSWDC 351

R v Heath [2014] NSWDC 351

In light of the offender's youth, disrupted background, substance abuse and mental health issues, early guilty plea, absence of prior criminal record before the offence, time already spent in custody, supportive family circumstances, low to medium assessed risk of reoffending and prospects for community-based rehabilitation, the Court found him guilty and convicted him, but adjourned the proceedings under s 11 to assess and allow him to demonstrate rehabilitation, with conditional bail granted during the adjournment.

Jurisdiction
Australia
Judgment Date
05 November 2014
Procedural Posture
Criminal / Sentence Proceedings Adjourned Part Heard Under S 11 of the Crimes (sentencing Procedure) Act 1999 After an Early Plea of Guilty
Outcome
Offender found guilty and convicted; proceedings adjourned part heard; conditional bail granted until 18 December 2014.
Legal Topics
['assault With Intent to Rob Whilst Armed With an Offensive Weapon' 'adjournment to Assess Rehabilitation' 'conditional Bail' 'drug and Alcohol Rehabilitation' 'mental Health']
['criminal Law' 'sentencing' 'bail'] ['assault With Intent to Rob Whilst Armed With an Offensive Weapon' 'adjournment to Assess Rehabilitation' 'conditional Bail' 'drug and Alcohol Rehabilitation' 'mental Health']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence Proceedings Adjourned Part Heard Under S 11 of the Crimes (sentencing Procedure) Act 1999 After an Early Plea of Guilty

Legal Issues

  1. 1 ['Whether the offender should be convicted and the sentence proceedings adjourned under s 11 of the Crimes (Sentencing Procedure) Act 1999 to assess his capacity and prospects for rehabilitation and allow him to demonstrate rehabilitation.' 'Whether bail should be granted during the adjournment and on what conditions.']

Ratio Decidendi

In light of the offender's youth, disrupted background, substance abuse and mental health issues, early guilty plea, absence of prior criminal record before the offence, time already spent in custody, supportive family circumstances, low to medium assessed risk of reoffending and prospects for community-based rehabilitation, the Court found him guilty and convicted him, but adjourned the proceedings under s 11 to assess and allow him to demonstrate rehabilitation, with conditional bail granted during the adjournment.

Court Disposition

Offender found guilty and convicted; proceedings adjourned part heard; conditional bail granted until 18 December 2014.

Orders

  • ['Under s 11 of the Crimes (Sentencing Procedure) Act 1999 the offender is found guilty and convicted of the offence.' "Proceedings adjourned part heard to Thursday 18 December 2014 at 10am in Sydney for the purpose of assessing the offender's capacity and prospects for rehabilitation and allowing him to demonstrate...