Regina v Hyde [2003] NSWCCA 154

Regina v Hyde [2003] NSWCCA 154

Because the original sentence was only partially suspended, s 99(1)(c)(i) permitted imprisonment only for the suspended portion of 21 months 15 days after revocation of the bond, not the full 2 years. On re-sentence, although the applicant had breached the bond and re-offended, some supervised parole was desirable in the interests of the community and to support any prospects of rehabilitation, so a non-parole period of the ordinary length should be fixed.

Jurisdiction
Australia
Judgment Date
30 May 2003
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence and Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal allowed; sentence quashed; applicant re-sentenced to imprisonment for 21 months 15 days with a non-parole period of 16 months and supervised parole.
Legal Topics
['partially Suspended Sentence' 'breach of S 12 Good Behaviour Bond' 'construction of Ss 12 and 99(1)(c) of the Crimes (sentencing Procedure) Act 1999' 'non Parole Period' 'break, Enter and Steal']
['criminal Law' 'sentencing'] ['partially Suspended Sentence' 'breach of S 12 Good Behaviour Bond' 'construction of Ss 12 and 99(1)(c) of the Crimes (sentencing Procedure) Act 1999' 'non Parole Period' 'break, Enter and Steal']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence and Appeal Against Sentence

Legal Issues

  1. 1 ['Whether, after revocation of a s 12 good behaviour bond following a partially suspended sentence, the court could require the applicant to serve the full 2 year sentence or only the suspended portion of the sentence.' 'Whether a non-parole period should be set when re-sentencing the applicant.']

Ratio Decidendi

Because the original sentence was only partially suspended, s 99(1)(c)(i) permitted imprisonment only for the suspended portion of 21 months 15 days after revocation of the bond, not the full 2 years. On re-sentence, although the applicant had breached the bond and re-offended, some supervised parole was desirable in the interests of the community and to support any prospects of rehabilitation, so a non-parole period of the ordinary length should be fixed.

Court Disposition

Leave to appeal against sentence granted; appeal allowed; sentence quashed; applicant re-sentenced to imprisonment for 21 months 15 days with a non-parole period of 16 months and supervised parole.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal allowed; sentence quashed.' 'In lieu of the sentence imposed, the applicant is sentenced to imprisonment for 21 months 15 days commencing on 28 July 2002 and expiring on 12 May 2004 with a non-parole period of 16 months expiring on 27 November 2003 on which date...