Pisano v Dandris (No 3) [2015] NSWSC 1251

Pisano v Dandris (No 3) [2015] NSWSC 1251

Because a community service order may be an appropriate sentencing option for the first defendant, the Court should not decide penalty until an assessment report has been prepared and provided by the Probation and Parole Service for the purposes of s 86 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Jurisdiction
Australia
Judgment Date
27 August 2015
Procedural Posture
Contempt Proceeding Arising From Alleged Breach of a Freezing Order / Sentencing or Penalty Stage; Procedural Orders for Assessment Report
Outcome
Direct assessment report. Stand over for decision on penalty (if any).
Legal Topics
['civil Contempt' 'freezing Order' 'community Service Order' 'assessment Report by Probation and Parole Service']
['contempt' 'sentencing Procedure'] ['civil Contempt' 'freezing Order' 'community Service Order' 'assessment Report by Probation and Parole Service']

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Procedural Posture

Contempt Proceeding Arising From Alleged Breach of a Freezing Order / Sentencing or Penalty Stage; Procedural Orders for Assessment Report

Legal Issues

  1. 1 ['Whether, after a finding of contempt as to part of one transaction, it may be appropriate to consider imposing a community service order under s 86 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Whether an assessment report from the Probation and Parole Service should be prepared before any community service order is made.']

Ratio Decidendi

Because a community service order may be an appropriate sentencing option for the first defendant, the Court should not decide penalty until an assessment report has been prepared and provided by the Probation and Parole Service for the purposes of s 86 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Court Disposition

Direct assessment report. Stand over for decision on penalty (if any).

Orders

  • ['I direct the Probation and Parole Service to prepare an assessment report on the first defendant, Georgia Dandris, for the purposes of s 86 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'I direct that such report be prepared and provided to the Court as soon as practicable, but in any event by 14 October...