R v Dennis ORCHER [2009] NSWDC 402

R v Dennis ORCHER [2009] NSWDC 402

The court granted conditional bail and adjourned the sentence appeal under s 11(1)(a) because, despite Mr Orcher's serious and repeated alcohol-related driving offending and the need to protect the community, immediate residential rehabilitation under strict bail conditions offered the better prospect of addressing his alcohol dependence and thereby reducing the risk of further offending.

Jurisdiction
Australia
Judgment Date
03 December 2009
Procedural Posture
Criminal Sentence Appeal / Application for Bail and Adjournment Under S 11 of the Crimes (sentencing Procedure) Act 1999 to Assess Prospects of Rehabilitation
Outcome
Proceedings adjourned and conditional bail granted under s 11(1)(a) of the Crimes (Sentencing Procedure) Act 1999 for the purpose of assessing Mr Orcher's capacity and prospects for rehabilitation.
Legal Topics
['sentence Appeal' 'residential Rehabilitation' 'alcohol Dependence' 'driving Whilst Influenced by Alcohol' 'driving Whilst Disqualified' 'protection of the Community' 'rehabilitation of Offender']
['criminal Law' 'sentencing' 'bail'] ['sentence Appeal' 'residential Rehabilitation' 'alcohol Dependence' 'driving Whilst Influenced by Alcohol' 'driving Whilst Disqualified' 'protection of the Community' 'rehabilitation of Offender']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Bail and Adjournment Under S 11 of the Crimes (sentencing Procedure) Act 1999 to Assess Prospects of Rehabilitation

Legal Issues

  1. 1 ["Whether the appeal proceedings should be adjourned and bail granted under s 11 of the Crimes (Sentencing Procedure) Act 1999 to assess Mr Orcher's capacity and prospects for rehabilitation." 'Whether strict bail conditions requiring attendance at Warrakoo Rehabilitation Hostel were preferable to making rehabilitation a condition of parole.' 'How to balance punishment and deterrence, protection of the community, and rehabilitation in sentencing Mr Orcher.']

Ratio Decidendi

The court granted conditional bail and adjourned the sentence appeal under s 11(1)(a) because, despite Mr Orcher's serious and repeated alcohol-related driving offending and the need to protect the community, immediate residential rehabilitation under strict bail conditions offered the better prospect of addressing his alcohol dependence and thereby reducing the risk of further offending.

Court Disposition

Proceedings adjourned and conditional bail granted under s 11(1)(a) of the Crimes (Sentencing Procedure) Act 1999 for the purpose of assessing Mr Orcher's capacity and prospects for rehabilitation.

Orders

  • ['Appeal proceedings adjourned to Friday 12 March 2010 before Cogswell SC DCJ at Parramatta at 10 am.' 'Bail granted to Mr Orcher from 11 January 2010.' 'Bail condition: Mr Orcher be of good behaviour.' "Bail condition: Mr Orcher not occupy the driver's seat of any motor vehicle for the period of the bail." 'Bail...