GREENSITT, Sarah Leigh v R [2010] NSWDC 314

GREENSITT, Sarah Leigh v R [2010] NSWDC 314

Although the offences against police were serious and deserved sentences of imprisonment, evidence from the probation officer and Mr Saxby indicated that Ms Greensitt may have taken a turn in her life. The Court therefore adjourned the appeal to assess the genuineness of her rehabilitation, with the stated...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 June 2010
Procedural Posture
Criminal Sentence Appeal / Appeal Adjourned for Assessment of Rehabilitation; Bail Granted
Outcome
Proceedings adjourned to 18 November 2010 for assessment of rehabilitation; bail granted to Ms Greensitt until that date.
Legal Topics
['sentence Appeal' 'assault Police Officer' 'offensive Conduct in Public Place' 'damage or Destroy Property' 'offence Committed While on Bail' 'pre Sentence Report' 'rehabilitation' 'plea of Guilty']
['criminal Law' 'sentencing' 'bail'] ['sentence Appeal' 'assault Police Officer' 'offensive Conduct in Public Place' 'damage or Destroy Property' 'offence Committed While on Bail' 'pre Sentence Report' 'rehabilitation' 'plea of Guilty']

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Procedural Posture

Criminal Sentence Appeal / Appeal Adjourned for Assessment of Rehabilitation; Bail Granted

Legal Issues

  1. 1 ['Whether the prison sentences imposed by the Magistrate should be altered on appeal.' "Whether the proceedings should be adjourned to assess Ms Greensitt's capacity and prospects for rehabilitation." 'Whether Ms Greensitt should be granted bail pending the adjourned hearing.']

Ratio Decidendi

Although the offences against police were serious and deserved sentences of imprisonment, evidence from the probation officer and Mr Saxby indicated that Ms Greensitt may have taken a turn in her life. The Court therefore adjourned the appeal to assess the genuineness of her rehabilitation, with the stated alternatives of dismissing the appeal and sending her to gaol or allowing the appeal and substituting suspended sentences, and granted bail with conditions pending that assessment.

Court Disposition

Proceedings adjourned to 18 November 2010 for assessment of rehabilitation; bail granted to Ms Greensitt until that date.

Orders

  • ["The proceedings are adjourned to Thursday 18 November 2010 before Cogswell SC DCJ at Parramatta at 10am for the purpose of assessing Ms Greensitt's capacity and prospects for rehabilitation." 'Ms Greensitt is granted bail until 18 November 2010.' 'Bail condition: Ms Greensitt must notify any change of residential...