Regina v Michael Dean Hamilton [2007] NSWDC 350

Regina v Michael Dean Hamilton [2007] NSWDC 350

Although the appellant's prior record, previous breaches of bonds, and offending while on conditional liberty required personal deterrence and made a further bond inappropriate, full-time imprisonment was not appropriate given his youth, 17 days already served in custody, guilty plea, remorse, good employment history, family circumstances, good rehabilitation prospects, reduced alcohol use, and treatment for bipolar disorder. A 9 month suspended sentence under s 12 was the appropriate way for the imprisonment term to be served.

Jurisdiction
Australia
Judgment Date
28 November 2007
Procedural Posture
Criminal Sentence Appeal / Appeal Against Sentence Imposed by the Local Court
Outcome
Appeal allowed. Sentence of 9 months imprisonment suspended on condition that the appellant enter into a bond under s 12 of the Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'conditional Liberty at Time of Offence' 'youth' 'bipolar Disorder' 'time in Custody' 'remorse' 'good Character' 'guilty Plea' 'suspended Sentence']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm' 'conditional Liberty at Time of Offence' 'youth' 'bipolar Disorder' 'time in Custody' 'remorse' 'good Character' 'guilty Plea' 'suspended Sentence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Appeal Against Sentence Imposed by the Local Court

Legal Issues

  1. 1 ['What sentence was appropriate for the appellant for assault occasioning actual bodily harm contrary to s 59(1) of the Crimes Act 1900.' 'Whether the appellant should receive a good behaviour bond, periodic detention, full-time imprisonment, or a suspended sentence.']

Ratio Decidendi

Although the appellant's prior record, previous breaches of bonds, and offending while on conditional liberty required personal deterrence and made a further bond inappropriate, full-time imprisonment was not appropriate given his youth, 17 days already served in custody, guilty plea, remorse, good employment history, family circumstances, good rehabilitation prospects, reduced alcohol use, and treatment for bipolar disorder. A 9 month suspended sentence under s 12 was the appropriate way for the imprisonment term to be served.

Court Disposition

Appeal allowed. Sentence of 9 months imprisonment suspended on condition that the appellant enter into a bond under s 12 of the Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['The appellant is sentenced to imprisonment for 9 months.' 'The execution of the whole of the sentence is suspended for the whole of the period under s 12(1) of the Crimes (Sentencing Procedure) Act 1999.' 'The appellant is to be released from custody on condition that he enter into a good behaviour bond for a term...