R v Edwards [2019] NSWDC 825

R v Edwards [2019] NSWDC 825

The offender admitted to breaches of the s 12 bond. No good reasons exist to excuse the breaches despite deterioration in mental health and time in custody. Bond must be revoked and full term of imprisonment imposed with a finding of special circumstances as to the non-parole period.

Jurisdiction
Australia
Judgment Date
13 November 2019
Procedural Posture
Criminal / Sentence Call Up for Breach of S 12 Bond
Outcome
breaches proven; bond revoked; imprisonment imposed
Legal Topics
['breach of Bond' 'domestic Violence' 'sentencing' 'mental Health in Sentencing']
['criminal Law'] ['breach of Bond' 'domestic Violence' 'sentencing' 'mental Health in Sentencing']

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Procedural Posture

Criminal / Sentence Call Up for Breach of S 12 Bond

Legal Issues

  1. 1 ['whether breaches of s 12 bond should be excused' 'whether bond should be revoked' 'appropriate sentence and non-parole period']

Ratio Decidendi

The offender admitted to breaches of the s 12 bond. No good reasons exist to excuse the breaches despite deterioration in mental health and time in custody. Bond must be revoked and full term of imprisonment imposed with a finding of special circumstances as to the non-parole period.

Court Disposition

breaches proven; bond revoked; imprisonment imposed

Orders

  • ['Breaches of s 12 bond proven.' 's 12 bond imposed on 21 November 2017 revoked.' 'Term of imprisonment of one year nine months commencing 25 January 2019 expiring 24 October 2020 imposed.' 'Non-parole period of six months commencing 25 January 2019 expiring 24 July 2019 fixed.' 'No power to direct release to parole...