R v Baxter (No 2) [2019] NSWDC 736

R v Baxter (No 2) [2019] NSWDC 736

The offender's treatment resistant schizophrenia was operative at the time of the robbery that breached the bond, and the Court accepted Dr Goodenough's opinion that there was a positive contributory relationship between the offending behaviour and the mental illness. Medication changes likely exacerbated poorly controlled psychotic symptoms, and although alcohol intoxication contributed, the overriding causal connection was the longstanding mental illness. Those matters provided good reasons under s 98(3)(b) to excuse the failure to comply with the bond. Although the Court erred by not dealing with the breach proceedings first, the sentence imposed for the robbery offence was within the...

Jurisdiction
Australia
Judgment Date
04 October 2019
Procedural Posture
Criminal Sentencing / Ruling on Breach Proceedings and Reopening of Sentence Proceedings
Outcome
Good reasons were found to excuse the breach of the s 12 bond; reopening of the sentence proceedings under s 43 was declined; the sentence imposed was not contrary to law.
Legal Topics
['breach of Good Behaviour Bond' 'suspended Sentence' 'good Reasons to Excuse Breach' 'reopening Sentence Proceedings' 'mental Illness and Moral Culpability']
['criminal Law' 'sentencing' 'mental Health Law'] ['breach of Good Behaviour Bond' 'suspended Sentence' 'good Reasons to Excuse Breach' 'reopening Sentence Proceedings' 'mental Illness and Moral Culpability']

Case Brief

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Procedural Posture

Criminal Sentencing / Ruling on Breach Proceedings and Reopening of Sentence Proceedings

Legal Issues

  1. 1 ["Whether there were good reasons under s 98(3)(b) of the Crimes (Sentencing Procedure) Act 1999 to excuse the offender's failure to comply with the conditions of his s 12 bond." "Whether the offender's mental illness and subsequent involuntary admissions were relevant to determining whether good reasons existed to excuse the breach." 'Whether the sentence proceedings for the robbery offence could be reopened under s 43 of the Crimes (Sentencing Procedure) Act 1999 because the sentence imposed was contrary to law.']

Ratio Decidendi

The offender's treatment resistant schizophrenia was operative at the time of the robbery that breached the bond, and the Court accepted Dr Goodenough's opinion that there was a positive contributory relationship between the offending behaviour and the mental illness. Medication changes likely exacerbated poorly controlled psychotic symptoms, and although alcohol intoxication contributed, the overriding causal connection was the longstanding mental illness. Those matters provided good reasons under s 98(3)(b) to excuse the failure to comply with the bond. Although the Court erred by not dealing with the breach proceedings first, the sentence imposed for the robbery offence was within the...

Court Disposition

Good reasons were found to excuse the breach of the s 12 bond; reopening of the sentence proceedings under s 43 was declined; the sentence imposed was not contrary to law.

Orders

  • ["The Court was satisfied pursuant to s 98(3)(b) of the Crimes (Sentencing Procedure) Act 1999 that there were good reasons for excusing the offender's failure to comply with the conditions of the bond." 'Section 43 of the Crimes (Sentencing Procedure) Act 1999 did not allow the course advocated by the offender, and...