R v Perry [2018] NSWDC 434

R v Perry [2018] NSWDC 434

Because the Court was satisfied there was a good chance Mr Perry could address his drug problem after release if given incentives, and because his progress on a s 11 remand would better inform the eventual sentencing decision, bail was granted under s 11 with strict conditions and sentence was adjourned.

Jurisdiction
Australia
Judgment Date
23 November 2018
Procedural Posture
Criminal Sentence / Adjourned Under S11 of the Crimes (sentencing Procedure) Act
Outcome
Adjourned under s11 of the Crimes (Sentencing Procedure) Act
Legal Topics
['supply Methylamphetamine' 'deal With Proceeds of Crime' 'possess Cannabis' 'bail Pending Sentence' 'drug Rehabilitation']
['criminal Law' 'sentencing'] ['supply Methylamphetamine' 'deal With Proceeds of Crime' 'possess Cannabis' 'bail Pending Sentence' 'drug Rehabilitation']

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Procedural Posture

Criminal Sentence / Adjourned Under S11 of the Crimes (sentencing Procedure) Act

Legal Issues

  1. 1 ['Whether Mr Perry should be released on a s 11 remand with strict bail conditions before sentence.' 'Whether rehabilitation-focused bail conditions would assist in determining the appropriate sentence.']

Ratio Decidendi

Because the Court was satisfied there was a good chance Mr Perry could address his drug problem after release if given incentives, and because his progress on a s 11 remand would better inform the eventual sentencing decision, bail was granted under s 11 with strict conditions and sentence was adjourned.

Court Disposition

Adjourned under s11 of the Crimes (Sentencing Procedure) Act

Orders

  • ['Bail granted to Mr Perry under s 11 of the Crime (Sentencing Procedure) Act on conditions set out in the initialled and dated document.' 'Additional condition 12: Mr Perry is to make substantial effort to engage in treatment or counselling programs, and should attend a general practitioner within a week of release...