R v AA (No 5) [2021] NSWSC 195

R v AA (No 5) [2021] NSWSC 195

The Court removed the additional home detention condition because AA had complied with supervision and electronic monitoring requirements, undertaken substantial community service, engaged in psychological intervention, and the home detention condition was having a significant negative impact on her mental well-being, caregiving capacity, daily tasks, and social isolation.

Jurisdiction
Australia
Judgment Date
08 March 2021
Procedural Posture
Criminal Sentencing; Application to Vary Intensive Corrections Order / Consequential Orders; on the Papers
Outcome
Application to vary the Intensive Corrections Order granted; additional home detention condition removed with effect from 8 March 2021.
Legal Topics
['intensive Corrections Order' 'home Detention Condition' 'variation of Sentencing Order' 'unforeseen Hardship']
['criminal Law' 'sentencing'] ['intensive Corrections Order' 'home Detention Condition' 'variation of Sentencing Order' 'unforeseen Hardship']

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Procedural Posture

Criminal Sentencing; Application to Vary Intensive Corrections Order / Consequential Orders; on the Papers

Legal Issues

  1. 1 ['Whether the Intensive Corrections Order should be varied by deleting the additional home detention condition imposed on 15 April 2020.']

Ratio Decidendi

The Court removed the additional home detention condition because AA had complied with supervision and electronic monitoring requirements, undertaken substantial community service, engaged in psychological intervention, and the home detention condition was having a significant negative impact on her mental well-being, caregiving capacity, daily tasks, and social isolation.

Court Disposition

Application to vary the Intensive Corrections Order granted; additional home detention condition removed with effect from 8 March 2021.

Orders

  • ['In relation to the Intensive Corrections Order and conditions imposed on 24 December 2019 on AA and the additional condition imposed on 15 April 2020, the additional condition imposed upon the aforesaid offender on 15 April 2020 is hereby removed.' 'The aforesaid order is to take effect on and from 8 March 2021.']