R v Pearman [2012] NSWDC 167

R v Pearman [2012] NSWDC 167

Although the offender's prior offending and the seriousness of the drug supply matters made a s 11 remand a significant risk, previous custodial sentences had not prevented reoffending, the offender had been accepted into a residential rehabilitation program, and successful rehabilitation could affect both the manner in which any custodial sentence was served and its length. The Court therefore gave the offender one final opportunity and adjourned the matter under s 11 of the Crimes (Sentencing Procedure) Act with bail conditions enabling attendance at the program.

Jurisdiction
Australia
Judgment Date
13 June 2012
Procedural Posture
Criminal Sentence / Application for Adjournment Under S 11 Crimes (sentencing Procedure) Act Before Final Sentence
Outcome
Matter adjourned under s 11 of the Crimes (Sentencing Procedure) Act; bail granted on conditions.
Legal Topics
['drug Supply' 'form 1 Matters' 'section 11 Remand' 'bail' 'residential Rehabilitation']
['criminal Law' 'sentencing'] ['drug Supply' 'form 1 Matters' 'section 11 Remand' 'bail' 'residential Rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence / Application for Adjournment Under S 11 Crimes (sentencing Procedure) Act Before Final Sentence

Legal Issues

  1. 1 ['Whether sentencing should be adjourned under s 11 of the Crimes (Sentencing Procedure) Act to allow the offender to attend the Salvation Army Bridge Program before final sentence.' "Whether the seriousness of the offender's drug supply offending required immediate fulltime custody rather than a s 11 remand." 'What effect demonstrated rehabilitation may have on the way a custodial sentence is served and its length.']

Ratio Decidendi

Although the offender's prior offending and the seriousness of the drug supply matters made a s 11 remand a significant risk, previous custodial sentences had not prevented reoffending, the offender had been accepted into a residential rehabilitation program, and successful rehabilitation could affect both the manner in which any custodial sentence was served and its length. The Court therefore gave the offender one final opportunity and adjourned the matter under s 11 of the Crimes (Sentencing Procedure) Act with bail conditions enabling attendance at the program.

Court Disposition

Matter adjourned under s 11 of the Crimes (Sentencing Procedure) Act; bail granted on conditions.

Orders

  • ["The matter will be adjourned under section 11 of the Crimes (Sentencing Procedure) Act to Sydney on 7 June next year, a Friday at 2 o'clock." 'Bail granted to Mr Pearman on conditions.' 'Mr Pearman is not to be released from custody until a time consistent with him being taken to the Salvation Army Bridge Program...