R v Kaine Hubbard [2007] NSWDC 156

R v Kaine Hubbard [2007] NSWDC 156

Given the seriousness of the assault occasioning actual bodily harm and the offender's history of recidivism, a sentence of imprisonment is appropriate. However, in light of significant rehabilitation demonstrated after the offence, strong community support, and the opportunity for further assessment, the offender is granted s 11 bail with stringent conditions to allow the court to assess his rehabilitation prior to final sentencing.

Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
Criminal / Sentencing
Outcome
Offender granted s 11 bail for 12 months with supervision, urinalysis, and other conditions. Sentencing adjourned to assess rehabilitation progress.
Legal Topics
['sentencing' 'assault Occasioning Actual Bodily Harm (aoabh)' 'recidivism' 'rehabilitation' 'section 11 Bail (crimes (sentencing Procedure) Act 1999)']
['criminal Law'] ['sentencing' 'assault Occasioning Actual Bodily Harm (aoabh)' 'recidivism' 'rehabilitation' 'section 11 Bail (crimes (sentencing Procedure) Act 1999)']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for assault occasioning actual bodily harm in company' 'Whether custodial sentence should be suspended under s 11 Crimes (Sentencing Procedure) Act 1999' "Impact of offender's rehabilitation and support on sentencing disposition"]

Ratio Decidendi

Given the seriousness of the assault occasioning actual bodily harm and the offender's history of recidivism, a sentence of imprisonment is appropriate. However, in light of significant rehabilitation demonstrated after the offence, strong community support, and the opportunity for further assessment, the offender is granted s 11 bail with stringent conditions to allow the court to assess his rehabilitation prior to final sentencing.

Court Disposition

Offender granted s 11 bail for 12 months with supervision, urinalysis, and other conditions. Sentencing adjourned to assess rehabilitation progress.

Orders

  • ['Bail granted under s 11 Crimes (Sentencing Procedure) Act 1999 for purpose of rehabilitation.' 'Supervision by Probation and Parole required.' 'Mandatory reporting to Probation and Parole office at Taree.' 'Engagement in all treatment, programs, and counselling as directed by Probation and Parole (including for...