R v JJS [2005] NSWCCA 225

R v JJS [2005] NSWCCA 225

The condition prohibiting unsupervised contact with children under twelve lacked sufficient precision and was unreasonably onerous. The five-year duration of the bond was unnecessarily burdensome given the applicant's circumstances and lengthy prior bail conditions. A three-year bond without the problematic condition was appropriate. The judge's discretion to deal with the matter according to law was not in error, given the gravity and nature of the offence.

Jurisdiction
Australia
Judgment Date
09 June 2005
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Decision
Outcome
appeal allowed
Legal Topics
['sentencing' 'juvenile Offenders' 'good Behaviour Bonds' 'conditions of Bonds']
['criminal Law'] ['sentencing' 'juvenile Offenders' 'good Behaviour Bonds' 'conditions of Bonds']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Decision

Legal Issues

  1. 1 ['Whether the condition prohibiting unsupervised contact with children under twelve imposed by the bond was unreasonably onerous and lacked precision' 'Whether the length of the bond was manifestly excessive' 'Whether the sentencing judge erred in dealing with the applicant according to law under s 18 of the Children (Criminal Proceedings) Act']

Ratio Decidendi

The condition prohibiting unsupervised contact with children under twelve lacked sufficient precision and was unreasonably onerous. The five-year duration of the bond was unnecessarily burdensome given the applicant's circumstances and lengthy prior bail conditions. A three-year bond without the problematic condition was appropriate. The judge's discretion to deal with the matter according to law was not in error, given the gravity and nature of the offence.

Court Disposition

appeal allowed

Orders

  • ['Leave to appeal granted' 'Bond currently in place quashed as from 9 June 2005' 'Applicant ordered to enter into a bond within seven days to expire on 2 August 2007, with conditions as originally set by the District Court excluding the condition prohibiting unsupervised contact with children under twelve']