R v Sabbouh (No. 2) [2022] NSWDC 311

R v Sabbouh (No. 2) [2022] NSWDC 311

Because community service work was unavailable but the Court was functus officio and lacked power to revisit the sentence to impose an alternative condition, the matter should be referred by Community Corrections to the Parole Authority under ss 81 and 81A Crimes (Administration of Sentences) Act 1999 to address the community service condition.

Jurisdiction
Australia
Judgment Date
22 July 2022
Procedural Posture
Criminal Sentencing / Post Sentence Consideration of Unavailable Community Service Condition for an Intensive Correction Order
Outcome
Registry directed to notify Community Corrections Office at Bankstown that the matter should be referred to the Parole Authority; judgment ordered to be taken out for revision.
Legal Topics
['community Service Order' 'intensive Correction Orders' 'conditions and Orders' 'parole Authority Variation or Revocation of Conditions']
['criminal Law' 'sentencing'] ['community Service Order' 'intensive Correction Orders' 'conditions and Orders' 'parole Authority Variation or Revocation of Conditions']

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Procedural Posture

Criminal Sentencing / Post Sentence Consideration of Unavailable Community Service Condition for an Intensive Correction Order

Legal Issues

  1. 1 ['Whether the Court could revisit the sentence to impose an alternative condition when community service work was unavailable for the offender.' 'Whether the matter should be referred to the Parole Authority to address the failure of Community Corrections to provide community service.']

Ratio Decidendi

Because community service work was unavailable but the Court was functus officio and lacked power to revisit the sentence to impose an alternative condition, the matter should be referred by Community Corrections to the Parole Authority under ss 81 and 81A Crimes (Administration of Sentences) Act 1999 to address the community service condition.

Court Disposition

Registry directed to notify Community Corrections Office at Bankstown that the matter should be referred to the Parole Authority; judgment ordered to be taken out for revision.

Orders

  • ['Registry of this Court to notify the Community Corrections Office at Bankstown that the matter should be referred to the Parole Authority in accordance with ss 81 and 81A Crimes (Administration of Sentences) Act 1999, for the Parole Authority to make orders to address the failure of Community Corrections to...