R v Deborah Grant [2015] NSWSC 759

R v Deborah Grant [2015] NSWSC 759

Breaching the good behaviour bond by committing assault was not trivial and no good reasons exist to excuse the breach, mandating revocation of the bond under s 98(3)(b) of the Crimes (Sentencing Procedure) Act 1999. Sentence of imprisonment for 12 months should be imposed; however, given significant factors related to the offender's children, it is appropriate that sentence be served by way of home detention if suitable.

Jurisdiction
Australia
Judgment Date
15 June 2015
Procedural Posture
Criminal / Breach of Bond – Revocation Hearing
Outcome
Bond revoked; offender referred for assessment for suitability for home detention; bail granted with conditions.
Legal Topics
['breach of Bond' 'suspended Sentence' 'home Detention' 'assessment for Suitability' 'sentencing Discretion']
['criminal Law'] ['breach of Bond' 'suspended Sentence' 'home Detention' 'assessment for Suitability' 'sentencing Discretion']

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Procedural Posture

Criminal / Breach of Bond – Revocation Hearing

Legal Issues

  1. 1 ['Whether the offender failed to comply with the conditions of the bond' 'Whether there are good reasons to excuse the breach' 'Whether sentence of imprisonment should be served by way of home detention']

Ratio Decidendi

Breaching the good behaviour bond by committing assault was not trivial and no good reasons exist to excuse the breach, mandating revocation of the bond under s 98(3)(b) of the Crimes (Sentencing Procedure) Act 1999. Sentence of imprisonment for 12 months should be imposed; however, given significant factors related to the offender's children, it is appropriate that sentence be served by way of home detention if suitable.

Court Disposition

Bond revoked; offender referred for assessment for suitability for home detention; bail granted with conditions.

Orders

  • ['The bond imposed on 7 December 2012 is revoked.' 'Offender referred for assessment as to suitability for home detention.' 'Bail granted subject to conditions: good behaviour, residence at specified address, contact with Probation and Parole Service within 72 hours.' 'Report on suitability for home detention to be...