R v Jukes [2008] NSWSC 126

R v Jukes [2008] NSWSC 126

Breach of s 12 bond conditions was not trivial nor excusable under the Act; pregnancy and addiction difficulties do not constitute good reasons for excusing the breach. Sentence imposed in accordance with legislative and case law principles that require the offender to serve the suspended sentence.

Jurisdiction
Australia
Judgment Date
29 February 2008
Procedural Posture
Criminal / Sentencing After Breach of S 12 Bond
Outcome
Bond revoked; offender sentenced to imprisonment
Legal Topics
['suspended Sentence' 'revocation of Bond' 'manslaughter' 'sentencing Procedure' 'amphetamine Abuse' 'good Behaviour Bond Breach']
['criminal Law'] ['suspended Sentence' 'revocation of Bond' 'manslaughter' 'sentencing Procedure' 'amphetamine Abuse' 'good Behaviour Bond Breach']

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Procedural Posture

Criminal / Sentencing After Breach of S 12 Bond

Legal Issues

  1. 1 ['Whether failure to comply with conditions of s 12 bond was trivial or excusable' 'Appropriate consequential sentence after revocation of suspended sentence bond']

Ratio Decidendi

Breach of s 12 bond conditions was not trivial nor excusable under the Act; pregnancy and addiction difficulties do not constitute good reasons for excusing the breach. Sentence imposed in accordance with legislative and case law principles that require the offender to serve the suspended sentence.

Court Disposition

Bond revoked; offender sentenced to imprisonment

Orders

  • ['Sentenced to imprisonment for 12 months commencing 29 November 2007 and expiring 28 November 2008 with a balance of 12 months expiring 28 November 2009' 'Earliest parole eligibility date is 28 November 2008']