DPP v Burrow & Anor [2004] NSWSC 433

DPP v Burrow & Anor [2004] NSWSC 433

The magistrate failed to approach the revocation question in accordance with s98(3)(b), namely considering whether there were good reasons for excusing the breach, warranting intervention and remitting the matter for proper consideration.

Jurisdiction
Australia
Judgment Date
24 May 2004
Procedural Posture
Criminal Appeal / Judgment
Outcome
Matter remitted to Local Court for further consideration
Legal Topics
['suspended Sentences' 'good Behaviour Bonds' 'breach of Bond' 'sentencing Discretion']
['criminal Law'] ['suspended Sentences' 'good Behaviour Bonds' 'breach of Bond' 'sentencing Discretion']

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Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Local Court magistrate erred in refusing to revoke suspended sentence bonds following breach by further offences' 'Proper approach to s98(3)(b) Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

The magistrate failed to approach the revocation question in accordance with s98(3)(b), namely considering whether there were good reasons for excusing the breach, warranting intervention and remitting the matter for proper consideration.

Court Disposition

Matter remitted to Local Court for further consideration

Orders

  • ['The decision not to revoke the s12 bonds is set aside.' 'Proceedings remitted to the Local Court to be heard and determined according to law.']