WISEMAN, Maxwell Leslie Thomas v R [2009] NSWDC 439

WISEMAN, Maxwell Leslie Thomas v R [2009] NSWDC 439

The appeal is allowed and custodial sentence set aside because the applicant demonstrated significant efforts and progress in rehabilitation, making a good behaviour bond under s 9 of the Crimes (Sentencing Procedure) Act a more appropriate sentence than imprisonment or a suspended sentence in the particular circumstances.

Jurisdiction
Australia
Judgment Date
23 June 2009
Procedural Posture
Criminal Appeal / Sentence Appeal From Local Court to District Court
Outcome
Appeal allowed; custodial sentence set aside; good behaviour bond imposed
Legal Topics
['sentence Appeal' 'break and Enter With Intent' 'rehabilitation' 'good Behaviour Bond' 'drug Addiction']
['criminal Law'] ['sentence Appeal' 'break and Enter With Intent' 'rehabilitation' 'good Behaviour Bond' 'drug Addiction']

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Procedural Posture

Criminal Appeal / Sentence Appeal From Local Court to District Court

Legal Issues

  1. 1 ['Whether the custodial sentence imposed in the Local Court should be set aside for a non-custodial sentence' "Whether a good behaviour bond under s 9 is appropriate given the offender's rehabilitation"]

Ratio Decidendi

The appeal is allowed and custodial sentence set aside because the applicant demonstrated significant efforts and progress in rehabilitation, making a good behaviour bond under s 9 of the Crimes (Sentencing Procedure) Act a more appropriate sentence than imprisonment or a suspended sentence in the particular circumstances.

Court Disposition

Appeal allowed; custodial sentence set aside; good behaviour bond imposed

Orders

  • ['Sentence of imprisonment imposed by the Magistrate set aside under s 20(2) of the Crimes (Appeal and Review) Act 2001' 'Order directing Mr Wiseman to enter into a good behaviour bond for three years under s 9 of the Crimes (Sentencing Procedure) Act 1999' 'Conditions: be of good behaviour; notify the Court of...