Regina v Patricia Ann Fuller [2007] NSWDC 354

Regina v Patricia Ann Fuller [2007] NSWDC 354

Although a sentence of imprisonment for two months was within the available range because assaulting a police officer is serious and courts must protect police in the execution of duty, the offender's abstinence from alcohol and need for rehabilitation justified suspending the whole sentence and imposing a supervised good behaviour bond directed to alcohol rehabilitation.

Jurisdiction
Australia
Judgment Date
07 August 2007
Procedural Posture
Criminal Sentence Appeal / Appeal From Local Court Sentence to the District Court of New South Wales
Outcome
Appeal allowed. Sentence set aside. Sentence of two months imprisonment imposed and suspended upon entry into a good behaviour bond under s12 Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['sentence Appeal' 'assault Police Officer' 'obstruct Police' 'alcohol Problem' 'suspended Sentence' 'good Behaviour Bond']
['criminal Law' 'sentencing'] ['sentence Appeal' 'assault Police Officer' 'obstruct Police' 'alcohol Problem' 'suspended Sentence' 'good Behaviour Bond']

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Procedural Posture

Criminal Sentence Appeal / Appeal From Local Court Sentence to the District Court of New South Wales

Legal Issues

  1. 1 ['How to sentence an offender with an alcohol problem who is attempting rehabilitation but committed the serious offence of assaulting a police officer.' 'Whether the sentence of two months full-time imprisonment for assaulting a police officer should be set aside and replaced with another sentencing option.']

Ratio Decidendi

Although a sentence of imprisonment for two months was within the available range because assaulting a police officer is serious and courts must protect police in the execution of duty, the offender's abstinence from alcohol and need for rehabilitation justified suspending the whole sentence and imposing a supervised good behaviour bond directed to alcohol rehabilitation.

Court Disposition

Appeal allowed. Sentence set aside. Sentence of two months imprisonment imposed and suspended upon entry into a good behaviour bond under s12 Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['Pursuant to s20(2) of the Crimes Appeal and Review Act 2001, the sentence imposed by the learned magistrate was set aside.' 'A sentence of imprisonment for a term of two months was imposed on Patricia Ann Fuller.' 'Execution of the whole sentence was suspended for the period of two months.' 'Patricia Ann Fuller...