Director of Public Prosecutions v Cooke & Anor [2007] NSWCA 2

Director of Public Prosecutions v Cooke & Anor [2007] NSWCA 2

The District Court Judge erred in law by failing to revoke the bonds: the reasons given for taking no action (rehabilitative needs and sentencing options) were not 'good reasons' within the meaning of s 98(3)(b) of the Crimes (Sentencing Procedure) Act 1999 because they did not relate to the conduct constituting the breach but to irrelevant matters. Therefore, the determination to take no action was quashed and the matter remitted for a correct determination according to law.

Jurisdiction
Australia
Judgment Date
07 February 2007
Procedural Posture
Criminal Appeal / Application for Relief in the Nature of Certiorari; Review of District Court Order
Outcome
Determination of District Court to take no action on breach quashed; matter remitted to District Court.
Legal Topics
['breach of Bond' 'suspended Sentences' 'certiorari' 'error of Law' 'sentencing Discretion']
['criminal Law' 'criminal Procedure'] ['breach of Bond' 'suspended Sentences' 'certiorari' 'error of Law' 'sentencing Discretion']

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Procedural Posture

Criminal Appeal / Application for Relief in the Nature of Certiorari; Review of District Court Order

Legal Issues

  1. 1 ['Whether the District Court Judge erred in law in deciding not to revoke five s 12 bonds following a breach as required by s 98(3) of the Crimes (Sentencing Procedure) Act 1999' "Proper construction and application of s 98(3)(b) as to 'good reasons' for excusing a breach of bond"]

Ratio Decidendi

The District Court Judge erred in law by failing to revoke the bonds: the reasons given for taking no action (rehabilitative needs and sentencing options) were not 'good reasons' within the meaning of s 98(3)(b) of the Crimes (Sentencing Procedure) Act 1999 because they did not relate to the conduct constituting the breach but to irrelevant matters. Therefore, the determination to take no action was quashed and the matter remitted for a correct determination according to law.

Court Disposition

Determination of District Court to take no action on breach quashed; matter remitted to District Court.

Orders

  • ['The record of the District Court proceedings for breach of five bonds called up into the Supreme Court.' "The District Court Judge's determination to take no action on the breaches is quashed." 'The proceedings for the breach of five bonds are remitted to the District Court for determination according to law.']