Bonsu v R [2009] NSWCCA 316

Bonsu v R [2009] NSWCCA 316

The sentencing discretion miscarried because the judge equated unserved community service hours with a fixed term of custody without considering the facts or circumstances of the original offence or the offender. Instead, the court should have resentenced the applicant for negligent driving causing death taking into account all relevant circumstances. The proper sentence in light of time served was a 12-month good behaviour bond.

Jurisdiction
Australia
Judgment Date
19 November 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence Following Revocation of Community Service Order
Outcome
Appeal allowed; original sentence quashed; applicant to enter into good behaviour bond for 12 months.
Legal Topics
['sentencing' 'negligent Driving Causing Death' 'breach of Community Service Order' 'discretion in Resentencing']
['criminal Law'] ['sentencing' 'negligent Driving Causing Death' 'breach of Community Service Order' 'discretion in Resentencing']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence Following Revocation of Community Service Order

Legal Issues

  1. 1 ['Whether the sentencing discretion miscarried on resentencing after breach of community service order' 'Proper approach to sentencing after revocation of community service order for negligent driving causing death']

Ratio Decidendi

The sentencing discretion miscarried because the judge equated unserved community service hours with a fixed term of custody without considering the facts or circumstances of the original offence or the offender. Instead, the court should have resentenced the applicant for negligent driving causing death taking into account all relevant circumstances. The proper sentence in light of time served was a 12-month good behaviour bond.

Court Disposition

Appeal allowed; original sentence quashed; applicant to enter into good behaviour bond for 12 months.

Orders

  • ['The appeal is allowed.' 'The sentence imposed in the District Court is quashed.' 'In lieu the applicant is to enter into a good behaviour bond for a period of 12 months.']