R v Dane Clack [2007] NSWDC 243

R v Dane Clack [2007] NSWDC 243

Despite the appellant's extensive record and repeated driving and other offences, the Court granted conditional s 11 bail and stood the matter over because the appellant had served one month, claimed readiness to address the causes of his offending, and appeared to have skills and rehabilitation prospects that could be tested through structured supervision, counselling, programs and abstinence conditions.

Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Criminal Severity Appeal From Local Court / Interim Disposition; S 11 Bail Granted and Matter Stood Over for Progress Report
Outcome
Leave given to withdraw the appeal against the good behaviour bond; for the drive whilst disqualified matter, conditional s 11 bail granted and the matter stood over for progress report on 14 December 2007 at Parramatta District Court.
Legal Topics
['drive While Disqualified' 'severity Appeal' 'full Time Custody' 'good Behaviour Bond' 'conditional S 11 Bail' 'rehabilitation']
['criminal Law' 'sentencing'] ['drive While Disqualified' 'severity Appeal' 'full Time Custody' 'good Behaviour Bond' 'conditional S 11 Bail' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Severity Appeal From Local Court / Interim Disposition; S 11 Bail Granted and Matter Stood Over for Progress Report

Legal Issues

  1. 1 ['Whether the six-month sentence imposed by the Local Court for drive whilst disqualified should be dealt with by granting conditional s 11 bail to monitor rehabilitation prospects.' 'Whether leave should be given to withdraw the appeal against the eighteen-month s 9 good behaviour bond imposed for breach of an earlier bond.']

Ratio Decidendi

Despite the appellant's extensive record and repeated driving and other offences, the Court granted conditional s 11 bail and stood the matter over because the appellant had served one month, claimed readiness to address the causes of his offending, and appeared to have skills and rehabilitation prospects that could be tested through structured supervision, counselling, programs and abstinence conditions.

Court Disposition

Leave given to withdraw the appeal against the good behaviour bond; for the drive whilst disqualified matter, conditional s 11 bail granted and the matter stood over for progress report on 14 December 2007 at Parramatta District Court.

Orders

  • ['Stood over for progress report on 14 December 2007 at Parramatta District Court.' 'Full background presentence report ordered.' "Leave given to withdraw the appeal against the eighteen-month s 9 good behaviour bond; the magistrate's order stands." 'Bail granted pursuant to s 11 of the Crimes (Sentencing Procedure)...