GREEN, Brett John v R [2008] NSWDC 378

GREEN, Brett John v R [2008] NSWDC 378

On the evidence, the non-compliance consisted of an argument in a domestic relationship context and a broken window caused in circumstances about which little was known; Ms Brill did not provide a statement, there was no evidence sufficient to aggravate the incident by reference to prior domestic violence, and no good reason excused the breach, but the proven facts made the failure to comply with the s 12 bond trivial in nature under s 98(3)(a), so the magistrate's revocation was set aside and no action was taken.

Jurisdiction
Australia
Judgment Date
28 November 2008
Procedural Posture
Criminal Appeal Against Sentence / Appeal From Local Court Revocation of S 12 Good Behaviour Bond Determined
Outcome
Appeal allowed; the sentence as defined in s 3, including the revocation of the good behaviour bond, was set aside and the court took no action in respect of the failure to comply with the bond.
Legal Topics
['breach of S 12 Bond' 'driving Whilst Disqualified' 'intentionally or Recklessly Destroying or Damaging Property' 'domestic Violence Related Offence' 'trivial Failure to Comply With Bond' 'revocation of Good Behaviour Bond']
['criminal Law' 'sentencing'] ['breach of S 12 Bond' 'driving Whilst Disqualified' 'intentionally or Recklessly Destroying or Damaging Property' 'domestic Violence Related Offence' 'trivial Failure to Comply With Bond' 'revocation of Good Behaviour Bond']

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Procedural Posture

Criminal Appeal Against Sentence / Appeal From Local Court Revocation of S 12 Good Behaviour Bond Determined

Legal Issues

  1. 1 ["Whether Mr Green's failure to comply with the conditions of the s 12 good behaviour bond was trivial in nature under s 98(3)(a) of the Crimes (Sentencing Procedure) Act 1999." "Whether there were good reasons for excusing Mr Green's failure to comply with the conditions of the bond." "Whether the magistrate's revocation of the s 12 bond should be set aside."]

Ratio Decidendi

On the evidence, the non-compliance consisted of an argument in a domestic relationship context and a broken window caused in circumstances about which little was known; Ms Brill did not provide a statement, there was no evidence sufficient to aggravate the incident by reference to prior domestic violence, and no good reason excused the breach, but the proven facts made the failure to comply with the s 12 bond trivial in nature under s 98(3)(a), so the magistrate's revocation was set aside and no action was taken.

Court Disposition

Appeal allowed; the sentence as defined in s 3, including the revocation of the good behaviour bond, was set aside and the court took no action in respect of the failure to comply with the bond.

Orders

  • ['I set aside the sentence of the magistrate.' 'I decide to take no action in respect of the failure to comply with the s 12 bond.' 'Mr Green was discharged and was to be released that day.']