Demertjis v R [2022] NSWDC 572

Demertjis v R [2022] NSWDC 572

The conviction and penalty imposed were set aside because the court found extenuating circumstances and that it was expedient, given the Appellant's age, good character, and the nature of the offence, to release him on a Conditional Release Order without a conviction for three months.

Parties
Appellant: Charles Demertjis; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
02 August 2022
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From Local Court
Outcome
Conviction and penalty set aside; Appellant released on a Conditional Release Order for three months without conviction.
Legal Topics
Severity of Sentence, Companion Animals Act Offences, Conditional Release Order, Prior Good Character
Criminal Law Severity of Sentence Companion Animals Act Offences Conditional Release Order Prior Good Character

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Parties

Charles Demertjis

Appellant

Bayside Council

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From Local Court

Legal Issues

  1. 1 Whether recording of a conviction and an 18 month Conditional Release Order was too severe for failure to comply with a Menacing Dog Control Order
  2. 2 Whether Appellant was entitled to the benefit of prior good character in sentencing

Ratio Decidendi

The conviction and penalty imposed were set aside because the court found extenuating circumstances and that it was expedient, given the Appellant's age, good character, and the nature of the offence, to release him on a Conditional Release Order without a conviction for three months.

Court Disposition

Conviction and penalty set aside; Appellant released on a Conditional Release Order for three months without conviction.

Orders

  • Conviction and penalty imposed by the Local Court at Sutherland on 5 May 2022 set aside.
  • Appellant released on a Conditional Release Order for three months from 2 August 2022 without conviction.