R v Mohamed [2019] NSWDC 372

R v Mohamed [2019] NSWDC 372

The breach of the good behaviour bond was neither trivial nor excused by good reason. The offender failed to comply with the requirements of the bond, specifically the obligations to submit to supervision and to report to Community Corrections, and travelled overseas for the entire bond period. The bond is revoked pursuant to s 98(3) of the Crimes (Sentencing Procedure) Act 1999. The offender is resentenced to seven months imprisonment to be served by way of Intensive Corrections Order with community service and other conditions, taking into account credit for time on bail, compliance, good behaviour, and one night in custody.

Parties
Accused: Mr Ramy Mohamed; Prosecution: The Crown
Jurisdiction
Australia
Judgment Date
15 July 2019
Procedural Posture
Criminal / Sentence Following Breach of Bond
Outcome
Intensive Corrections Order (ICO) imposed after revocation of bond
Legal Topics
Breach of Bond, Sentencing, Intensive Corrections Order, Good Behaviour Bond, Accessory After the Fact
Criminal Law Breach of Bond Sentencing Intensive Corrections Order Good Behaviour Bond Accessory After the Fact

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Parties

Mr Ramy Mohamed

Accused

The Crown

Prosecution

Procedural Posture

Criminal / Sentence Following Breach of Bond

Legal Issues

  1. 1 What is the appropriate penalty for the offender's breach of bond under a suspended sentence?
  2. 2 Is the offender eligible and suitable for an Intensive Corrections Order?
  3. 3 Were there valid reasons to excuse the breach of bond?

Ratio Decidendi

The breach of the good behaviour bond was neither trivial nor excused by good reason. The offender failed to comply with the requirements of the bond, specifically the obligations to submit to supervision and to report to Community Corrections, and travelled overseas for the entire bond period. The bond is revoked pursuant to s 98(3) of the Crimes (Sentencing Procedure) Act 1999. The offender is resentenced to seven months imprisonment to be served by way of Intensive Corrections Order with community service and other conditions, taking into account credit for time on bail, compliance, good behaviour, and one night in custody.

Court Disposition

Intensive Corrections Order (ICO) imposed after revocation of bond

Orders

  • The bond is revoked.
  • The offender is sentenced to seven months imprisonment, to be served by way of Intensive Corrections Order commencing 15 July 2019.