REGINA v Simon BRADLEY [2002] NSWSC 1018

REGINA v Simon BRADLEY [2002] NSWSC 1018

Although the concealed evidence related to a grave offence, the offender's conduct consisted of carrying and assisting in concealing the sports bag over no more than two hours, without planning, sophistication, or opportunity for reflection. Taking into account his subjective circumstances, lack of prior imprisonment, and eight weeks already served in custody for this offence, imprisonment was not the only appropriate penalty and a good behaviour bond was warranted.

Jurisdiction
Australia
Judgment Date
01 November 2002
Procedural Posture
Criminal / Sentence Following Jury Verdict of Guilty on Alternative Count
Outcome
The offender was directed to enter into a good behaviour bond for two years pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['concealing Evidence Concerning a Serious Indictable Offence' 'good Behaviour Bond' 'alternatives to Imprisonment' 'accessory After the Fact']
['criminal Law' 'sentencing'] ['concealing Evidence Concerning a Serious Indictable Offence' 'good Behaviour Bond' 'alternatives to Imprisonment' 'accessory After the Fact']

Case Brief

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Procedural Posture

Criminal / Sentence Following Jury Verdict of Guilty on Alternative Count

Legal Issues

  1. 1 ['Whether the offender should receive a custodial sentence for carrying away and concealing a sports bag containing the gun used in a serious indictable offence.' "What weight should be given to the seriousness of the underlying offence, the offender's role, subjective circumstances, time already served in custody, and the availability of summary disposal."]

Ratio Decidendi

Although the concealed evidence related to a grave offence, the offender's conduct consisted of carrying and assisting in concealing the sports bag over no more than two hours, without planning, sophistication, or opportunity for reflection. Taking into account his subjective circumstances, lack of prior imprisonment, and eight weeks already served in custody for this offence, imprisonment was not the only appropriate penalty and a good behaviour bond was warranted.

Court Disposition

The offender was directed to enter into a good behaviour bond for two years pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['Simon Mark Bradley pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999 is to enter into a good behaviour bond for a period of two years to date from 1 November 2002.' 'The bond is subject to the condition that he will appear before the Court if called upon to do so at any time during the term of the...