R v Marks [2017] NSWDC 23

Given Mr Marks' repeated offending and breaches of bonds, prison sentences and revocation of suspended sentences are required. Drug addiction and institutionalisation considered as special circumstances warranting referral to Drug Court and extended parole supervision.

Parties: Prosecution: The Crown; Offender: Peter John Marks
Jurisdiction: Australia
Judgment Date: 09 February 2017
Procedural Posture: Criminal / Sentencing
Outcome: Aggregate sentence of imprisonment consisting of a non-parole period of 4 years and a head sentence of 6 years; referral to Drug Court; back up offences dismissed.
Legal Topics: Sentence, Breach of Bonds, Break Enter and Steal, Goods in Custody, Institutionalised Offender

Criminal Law Sentence Breach of Bonds Break Enter and Steal Goods in Custody Institutionalised Offender

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 5

Parties

The Crown

Prosecution

Peter John Marks

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Appropriate sentence for repeated break, enter and steal offences
2 Appropriate response to breach of bonds
3 Consideration of offender's drug addiction and institutionalisation

Ratio Decidendi

Court Disposition

Aggregate sentence of imprisonment consisting of a non-parole period of 4 years and a head sentence of 6 years; referral to Drug Court; back up offences dismissed.

Orders

For breach of s 9 bond, sentence imposed under s 10A of the Crimes (Sentencing Procedure) Act.
For offences previously resulting in s 12 bonds, suspension revoked and 15 months imprisonment imposed for each offence.