R v Steven Wayne KIRBY [2009] NSWDC 401

R v Steven Wayne KIRBY [2009] NSWDC 401

Because Mr Kirby breached good behaviour bonds imposed under s 12 of the Crimes (Sentencing Procedure) Act 1999 by committing fresh offences, all bonds were revoked under s 98(2)(c). Past custody was not doubly credited in sentencing as prior consideration had been given. Sentences for multiple break and enter offences partly accumulated and partly ran concurrently, with special circumstances found for a longer parole period and a three years, four months total sentence and two-year non-parole period.

Jurisdiction
Australia
Judgment Date
11 December 2009
Procedural Posture
Criminal Sentencing / Sentence After Breach of Bonds
Outcome
The bonds are revoked. An overall sentence of 3 years and 4 months imprisonment with a non-parole period of 2 years is imposed.
Legal Topics
['sentencing' 'breach of Bond' 'suspended Sentence' 'non Parole Period' 'accumulation and Concurrency of Sentences']
['criminal Law'] ['sentencing' 'breach of Bond' 'suspended Sentence' 'non Parole Period' 'accumulation and Concurrency of Sentences']

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Procedural Posture

Criminal Sentencing / Sentence After Breach of Bonds

Legal Issues

  1. 1 ['Whether Mr Kirby breached s 9 and s 12 bonds by failing to be of good behaviour' 'Whether periods of time previously spent in custody should be taken into account in imposing new sentences following breach of bonds' 'Propriety of partial concurrency and accumulation in sentencing']

Ratio Decidendi

Because Mr Kirby breached good behaviour bonds imposed under s 12 of the Crimes (Sentencing Procedure) Act 1999 by committing fresh offences, all bonds were revoked under s 98(2)(c). Past custody was not doubly credited in sentencing as prior consideration had been given. Sentences for multiple break and enter offences partly accumulated and partly ran concurrently, with special circumstances found for a longer parole period and a three years, four months total sentence and two-year non-parole period.

Court Disposition

The bonds are revoked. An overall sentence of 3 years and 4 months imprisonment with a non-parole period of 2 years is imposed.

Orders

  • ['All bonds imposed on Mr Kirby are revoked under s 98(2)(c) of the Crimes (Sentencing Procedure) Act 1999.' 'Sentences imposed for each offence as specified in the judgment, configured to partly accumulate and partly run concurrently.' 'Overall sentence: 3 years and 4 months imprisonment commencing 27 November...