Regina v Karla Marie Naylor [2007] NSWDC 355

Regina v Karla Marie Naylor [2007] NSWDC 355

A section 9 bond was too lenient because the appellant's extensive criminal record, prior conditional liberty, and bail breaches showed a need to protect the community; however, because this was her first sentence as an adult, she had a newborn child, expressed a desire to change, and had taken steps toward drug and alcohol rehabilitation, the one-month sentence of imprisonment should be suspended under s12 rather than served immediately.

Jurisdiction
Australia
Judgment Date
25 September 2007
Procedural Posture
Criminal Sentence Appeal / Appeal Against Sentence Imposed by a Magistrate
Outcome
Appeal allowed. Sentence set aside. Imprisonment for one month suspended on entering into a good behaviour bond under s12 of the Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['larceny' 'sentence Appeal' 'suspended Sentence' 'good Behaviour Bond' 'drug and Alcohol Rehabilitation' 'juvenile Criminal History']
['criminal Law' 'sentencing'] ['larceny' 'sentence Appeal' 'suspended Sentence' 'good Behaviour Bond' 'drug and Alcohol Rehabilitation' 'juvenile Criminal History']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Appeal Against Sentence Imposed by a Magistrate

Legal Issues

  1. 1 ['Whether the appellant should serve the one-month term of imprisonment imposed for larceny or whether the sentence should be suspended or replaced with a bond.' "Whether a section 9 bond was appropriate given the appellant's first sentence as an adult, criminal history, new motherhood, and rehabilitation prospects."]

Ratio Decidendi

A section 9 bond was too lenient because the appellant's extensive criminal record, prior conditional liberty, and bail breaches showed a need to protect the community; however, because this was her first sentence as an adult, she had a newborn child, expressed a desire to change, and had taken steps toward drug and alcohol rehabilitation, the one-month sentence of imprisonment should be suspended under s12 rather than served immediately.

Court Disposition

Appeal allowed. Sentence set aside. Imprisonment for one month suspended on entering into a good behaviour bond under s12 of the Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['The sentence of the learned magistrate is set aside pursuant to section 20(2)(a) of the Crimes (Appeal and Review) Act 2001.' 'The appellant is sentenced to imprisonment for one month from 25 September 2007 to 24 October 2007.' 'Under section 12 of the Crimes (Sentencing Procedure) Act 1999, execution of the whole...