R v Doolan [2023] NSWDC 472

R v Doolan [2023] NSWDC 472

Although the offences warranted gaol sentences and an Intensive Correction Order could not be made immediately because there was insufficient information that the offender could meet its conditions consistently with community safety, the likely short-term risk of a tightly supervised s 11 conditional bail was probably less than returning him to gaol for the balance of sentence and then releasing him on parole with limited supports. Conditional bail was therefore granted to allow evidence of compliance, engagement with supports and suitability for community-based service of the balance of sentence to be obtained before final sentence.

Jurisdiction
Australia
Judgment Date
06 October 2023
Procedural Posture
Criminal Sentencing for Aggravated Break and Enter, Break and Enter Dwelling and Steal, With a Form 1 Matter of Take and Drive a Conveyance / Section 11 Remand; Conditional Bail Granted Pending Sentence
Outcome
Conditional bail granted pursuant to the Bail Act 2013 (NSW) and s 11 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
Legal Topics
['property Offences' 'aggravated Break and Enter' 'break and Enter Dwelling and Steal' 'take and Drive a Conveyance' 'intensive Correction Orders' 'community Safety' 'childhood Deprivation and Trauma' 'mental Health Issues' 'section 11 Remand']
['criminal Law' 'sentencing' 'bail'] ['property Offences' 'aggravated Break and Enter' 'break and Enter Dwelling and Steal' 'take and Drive a Conveyance' 'intensive Correction Orders' 'community Safety' 'childhood Deprivation and Trauma' 'mental Health Issues' 'section 11 Remand']

Case Brief

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Procedural Posture

Criminal Sentencing for Aggravated Break and Enter, Break and Enter Dwelling and Steal, With a Form 1 Matter of Take and Drive a Conveyance / Section 11 Remand; Conditional Bail Granted Pending Sentence

Legal Issues

  1. 1 ["Whether only sentences of imprisonment could be imposed for the offences given the offender's history, criminal antecedents and the objective seriousness of the offences." "Whether an Intensive Correction Order was presently available having regard to community safety and the offender's past failures to comply with release conditions." 'Whether conditional bail under s 11 should be granted to allow the offender to demonstrate capacity to comply with strict conditions and engage with available support before sentence.' "How the offender's youth, childhood deprivation, childhood trauma and mental health issues affected moral culpability and sentence."]

Ratio Decidendi

Although the offences warranted gaol sentences and an Intensive Correction Order could not be made immediately because there was insufficient information that the offender could meet its conditions consistently with community safety, the likely short-term risk of a tightly supervised s 11 conditional bail was probably less than returning him to gaol for the balance of sentence and then releasing him on parole with limited supports. Conditional bail was therefore granted to allow evidence of compliance, engagement with supports and suitability for community-based service of the balance of sentence to be obtained before final sentence.

Court Disposition

Conditional bail granted pursuant to the Bail Act 2013 (NSW) and s 11 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Orders

  • ['The offender is to reside at 17 Kathleen Crescent, Woonona.' 'The offender is to enter into the residence agreement and obey the directions of Mindtree.' 'The offender is subject to a curfew between 8pm and 7am, with no police enforcement of that curfew directed to avoid disturbing other residents.' 'The offender...