Colbalt v R [2012] NSWDC 305

Colbalt v R [2012] NSWDC 305

The appeals from the probation orders and the bond were withdrawn by leave because the appellant did not press them and the respondent did not oppose withdrawal. The remaining sentence appeals were upheld in light of the appellant's youth, lack of prior criminal record, diagnosed mental disorders, favourable Juvenile Justice report, compliance with supervision, counselling and education, and progress in distance education; the suspended control order was substituted with a probation order and the fine was set aside.

Jurisdiction
Australia
Judgment Date
26 October 2012
Procedural Posture
Criminal Sentence Appeal / Appeal to the District Court Against the Severity of Sentences Imposed in the Children's Court
Outcome
Leave granted to withdraw appeals from probation orders and the bond; remaining sentence appeals upheld.
Legal Topics
['larceny' 'assault Police' 'intimidate Police' 'resist Arrest' 'common Assault' 'personal Violence Order' 'probation Order' 'good Behaviour Bond' 'suspended Control Order' 'fine' 'child Offender Publication Restriction']
['criminal Law' 'sentencing' "children's Criminal Proceedings"] ['larceny' 'assault Police' 'intimidate Police' 'resist Arrest' 'common Assault' 'personal Violence Order' 'probation Order' 'good Behaviour Bond' 'suspended Control Order' 'fine' 'child Offender Publication Restriction']

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Procedural Posture

Criminal Sentence Appeal / Appeal to the District Court Against the Severity of Sentences Imposed in the Children's Court

Legal Issues

  1. 1 ['Whether leave should be granted to withdraw the appeals from the probation orders and the good behaviour bond.' "Whether the fine imposed for larceny and the suspended control order imposed for assaulting police should stand on appeal, having regard to the appellant's youth, absence of prior criminality, diagnosed mental disorders, Juvenile Justice report, compliance with supervision and educational progress."]

Ratio Decidendi

The appeals from the probation orders and the bond were withdrawn by leave because the appellant did not press them and the respondent did not oppose withdrawal. The remaining sentence appeals were upheld in light of the appellant's youth, lack of prior criminal record, diagnosed mental disorders, favourable Juvenile Justice report, compliance with supervision, counselling and education, and progress in distance education; the suspended control order was substituted with a probation order and the fine was set aside.

Court Disposition

Leave granted to withdraw appeals from probation orders and the bond; remaining sentence appeals upheld.

Orders

  • ['Leave granted to withdraw appeals from probation orders and the bond.' 'Sentence appeals upheld on 13 November 2012.' 'Suspended control order substituted with probation order.' 'Fine set aside.']