R v Bell [2014] NSWDC 299

R v Bell [2014] NSWDC 299

The further offences were not trivial, but they were minor and arose from a domestic dispute involving idle threats and limited conduct by the offender. In the rare circumstances of the case, the Court was prepared to take into account the consequences of revoking the two year s 12 bond, including the offender's substantial rehabilitation, continued residence at The Glen, full time employment, sobriety, family relocation plans and the disruption that custody would cause. Those matters constituted good reasons for excusing the failure to comply with the bond.

Jurisdiction
Australia
Judgment Date
24 October 2014
Procedural Posture
Sentencing: S 12 Call Up for Alleged Breach of Good Behaviour Bond and Application for Leave to Appeal From Local Court Sentence / District Court Hearing on 24 October 2014
Outcome
Appeal allowed to add Community Corrections supervision to the s 9 bond; on the s 12 call up, good reasons were found for excusing the breach and the offender was discharged with no action taken.
Legal Topics
['section 12 Call Up' 'good Behaviour Bond Breach' 'suspended Sentence Revocation' 'good Reasons for Excusing Non Compliance' 'domestic and Personal Violence Offence']
['criminal Law' 'sentencing'] ['section 12 Call Up' 'good Behaviour Bond Breach' 'suspended Sentence Revocation' 'good Reasons for Excusing Non Compliance' 'domestic and Personal Violence Offence']

Case Brief

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Procedural Posture

Sentencing: S 12 Call Up for Alleged Breach of Good Behaviour Bond and Application for Leave to Appeal From Local Court Sentence / District Court Hearing on 24 October 2014

Legal Issues

  1. 1 ["Whether the offender's further offences were trivial in nature for the purposes of s 98(3) of the Crimes (Sentencing Procedure) Act 1999." "Whether there were good reasons for excusing the offender's failure to comply with the conditions of the s 12 bond." "Whether the Court could take into account the impact of revocation of the bond, including the offender's rehabilitation, employment and family circumstances, given the minor nature of the reoffending and the length of the suspended sentence."]

Ratio Decidendi

The further offences were not trivial, but they were minor and arose from a domestic dispute involving idle threats and limited conduct by the offender. In the rare circumstances of the case, the Court was prepared to take into account the consequences of revoking the two year s 12 bond, including the offender's substantial rehabilitation, continued residence at The Glen, full time employment, sobriety, family relocation plans and the disruption that custody would cause. Those matters constituted good reasons for excusing the failure to comply with the bond.

Court Disposition

Appeal allowed to add Community Corrections supervision to the s 9 bond; on the s 12 call up, good reasons were found for excusing the breach and the offender was discharged with no action taken.

Orders

  • ['Appeal allowed.' 'The conditions of the s 9 bond for 18 months were varied to require the offender to be subject to the supervision of Community Corrections during the term of the bond.' 'No action taken on the s 12 call up.' 'The offender is discharged.']