R v Mark YOUNIS [2011] NSWDC 229

R v Mark YOUNIS [2011] NSWDC 229

Although swift determination of alleged breaches of good behaviour bonds is desirable, the adjournment was granted because the related Local Court charges arising from the same alleged 2009 conduct had not been determined, the matter involved two jurisdictions, and proceeding in the District Court could create injustice through inconsistent determinations. The Court was also encouraged that the Local Court was aware of the unsatisfactory history and that the accused would not oppose an early hearing date.

Jurisdiction
Australia
Judgment Date
20 December 2011
Procedural Posture
Criminal Proceedings Concerning Alleged Non Compliance With a Good Behaviour Bond / Application for Adjournment of Breach Proceedings
Outcome
Proceedings for resolution of the question of non-compliance with a good behaviour bond adjourned.
Legal Topics
['good Behaviour Bond' 'suspended Sentence' 'adjournment' 'potential Inconsistent Determinations' 'local Court Proceedings']
['criminal Law' 'criminal Procedure'] ['good Behaviour Bond' 'suspended Sentence' 'adjournment' 'potential Inconsistent Determinations' 'local Court Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Proceedings Concerning Alleged Non Compliance With a Good Behaviour Bond / Application for Adjournment of Breach Proceedings

Legal Issues

  1. 1 ['Whether the District Court should adjourn proceedings to determine alleged non-compliance with a good behaviour bond where related Local Court charges arising from the same conduct had not been determined.' 'Whether proceeding to determine the alleged breach before the Local Court resolved the charges could create injustice or inconsistent determinations.' 'Whether the existence of two jurisdictions dealing with connected matters justified postponing determination of the alleged breach.']

Ratio Decidendi

Although swift determination of alleged breaches of good behaviour bonds is desirable, the adjournment was granted because the related Local Court charges arising from the same alleged 2009 conduct had not been determined, the matter involved two jurisdictions, and proceeding in the District Court could create injustice through inconsistent determinations. The Court was also encouraged that the Local Court was aware of the unsatisfactory history and that the accused would not oppose an early hearing date.

Court Disposition

Proceedings for resolution of the question of non-compliance with a good behaviour bond adjourned.

Orders

  • ['The proceedings brought by the Director of Public Prosecutions for resolution of the question of non-compliance with a good behaviour bond are adjourned.']