Ledwidge, Anthony v D.P.P [2008] NSWDC 313

Ledwidge, Anthony v D.P.P [2008] NSWDC 313

Although the appellant had committed serious domestic violence assaults and failed to comply with community service orders, his prior excellent performance on a community service order and his evidence indicated that he had the capacity to cooperate with Probation and Parole and attempt rehabilitation. The sentencing proceedings were therefore adjourned under s 11 and he was granted bail on strict rehabilitative conditions rather than having the matter finally dealt with immediately by custody.

Jurisdiction
Australia
Judgment Date
11 November 2008
Procedural Posture
Criminal Severity Appeal From Local Court / Sentencing Proceedings Adjourned Under S 11 of the Crimes (sentencing Procedure) Act 1999 for a Progress Report
Outcome
Convicted; sentencing proceedings adjourned to 20 February 2009 at Sydney District Court for a progress report; bail granted with conditions.
Legal Topics
['domestic Violence Assaults' 'breach of Community Service Order' 'rehabilitation' 'probation and Parole Supervision' 'alcohol Abstinence Conditions']
['criminal Law' 'sentencing' 'bail'] ['domestic Violence Assaults' 'breach of Community Service Order' 'rehabilitation' 'probation and Parole Supervision' 'alcohol Abstinence Conditions']

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Procedural Posture

Criminal Severity Appeal From Local Court / Sentencing Proceedings Adjourned Under S 11 of the Crimes (sentencing Procedure) Act 1999 for a Progress Report

Legal Issues

  1. 1 ['Whether the sentences imposed after breach of community service orders should be finalised by custody or adjourned to allow rehabilitation to be assessed.' 'Whether bail should be granted under s 11 of the Crimes (Sentencing Procedure) Act 1999 with conditions directed to rehabilitation.']

Ratio Decidendi

Although the appellant had committed serious domestic violence assaults and failed to comply with community service orders, his prior excellent performance on a community service order and his evidence indicated that he had the capacity to cooperate with Probation and Parole and attempt rehabilitation. The sentencing proceedings were therefore adjourned under s 11 and he was granted bail on strict rehabilitative conditions rather than having the matter finally dealt with immediately by custody.

Court Disposition

Convicted; sentencing proceedings adjourned to 20 February 2009 at Sydney District Court for a progress report; bail granted with conditions.

Orders

  • ['Pursuant to Section 11 of the Crimes (Sentencing Procedure) Act 1999, sentencing proceedings are adjourned for a progress report to 20 February 2009 at Sydney District Court.' 'Bail is granted to the offender.' 'The offender must be of good behaviour.' 'The offender must reside at 21A Wentworth Street Telarah...