R v Bates [2022] NSWDC 72

R v Bates [2022] NSWDC 72

Due to repeated breaches of community corrections and domestic violence orders, and the absence of merit in the application, a nine-month Intensive Corrections Order was a proper exercise of judicial discretion and leave to appeal out of time is refused.

Jurisdiction
Australia
Judgment Date
11 February 2022
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time (sentence Severity Appeal)
Outcome
Application for leave to appeal refused
Legal Topics
['appeals' 'leave to Appeal Out of Time' 'intensive Corrections Order' 'breach of Apprehended Domestic Violence Order' 'breach of Community Corrections Orders']
['criminal Law'] ['appeals' 'leave to Appeal Out of Time' 'intensive Corrections Order' 'breach of Apprehended Domestic Violence Order' 'breach of Community Corrections Orders']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time (sentence Severity Appeal)

Legal Issues

  1. 1 ['Whether leave to appeal out of time against sentence (Intensive Corrections Order) should be granted' 'Whether sentence imposed (ICO) was manifestly excessive or an improper exercise of discretion']

Ratio Decidendi

Due to repeated breaches of community corrections and domestic violence orders, and the absence of merit in the application, a nine-month Intensive Corrections Order was a proper exercise of judicial discretion and leave to appeal out of time is refused.

Court Disposition

Application for leave to appeal refused

Orders

  • ['The application for leave to appeal is refused.' 'If it had not been refused, the appeal would have been refused in any event.']