R v Hawi [2015] NSWSC 15

R v Hawi [2015] NSWSC 15

Because the pre-sentence report was not ready due to issues within Probation and Parole, further mitigating material needed to be prepared, and the Crown did not oppose the adjournment, it was appropriate to vacate the sentencing hearing listed for 3 February 2015.

Jurisdiction
Australia
Judgment Date
30 January 2015
Procedural Posture
Criminal Sentencing / Application to Vacate Sentencing Hearing
Outcome
Sentencing hearing vacated; proceedings stood over for mention; bail continued; defendant excused from attending the mention.
Legal Topics
['sentencing' 'adjournment of Sentencing Hearing' 'pre Sentence Report' 'mitigating Circumstances' 'bail']
['criminal Law'] ['sentencing' 'adjournment of Sentencing Hearing' 'pre Sentence Report' 'mitigating Circumstances' 'bail']

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Procedural Posture

Criminal Sentencing / Application to Vacate Sentencing Hearing

Legal Issues

  1. 1 ['Whether the sentencing hearing listed for 3 February 2015 should be vacated because a pre-sentence report was not ready and material on mitigating circumstances needed to be prepared.']

Ratio Decidendi

Because the pre-sentence report was not ready due to issues within Probation and Parole, further mitigating material needed to be prepared, and the Crown did not oppose the adjournment, it was appropriate to vacate the sentencing hearing listed for 3 February 2015.

Court Disposition

Sentencing hearing vacated; proceedings stood over for mention; bail continued; defendant excused from attending the mention.

Orders

  • ['Sentencing Hearing before Hoeben CJ at CL on 3 February 2015 vacated.' 'Stood over for Mention before Hoeben CJ at CL at 2pm on 3 February 2015.' 'Bail continued on the present bail conditions.' 'Defendant excused from attending on 3 February 2015.']