HAYMAN, Scott v R [2011] NSWDC 109

HAYMAN, Scott v R [2011] NSWDC 109

The extenuating circumstances surrounding the offence—including the consent of the protected person, urgent medical needs of the child, and assistance required by Ms Hite—justify dismissal of the charge under s 10 of the Crimes (Sentencing Procedure) Act 1999.

Parties
Appellant: Scott Hayman; Respondent: Regina
Jurisdiction
Australia
Judgment Date
05 April 2011
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed
Legal Topics
Breach of Apprehended Violence Order, Sentence Appeal, Extenuating Circumstances
Criminal Law Breach of Apprehended Violence Order Sentence Appeal Extenuating Circumstances

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Parties

Scott Hayman

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether sentence imposed for breach of apprehended violence order ought to be set aside
  2. 2 Whether extenuating circumstances justify dismissal of charge under s 10 of the Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

The extenuating circumstances surrounding the offence—including the consent of the protected person, urgent medical needs of the child, and assistance required by Ms Hite—justify dismissal of the charge under s 10 of the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

appeal allowed

Orders

  • Sentence of Magistrate set aside.
  • Mr Hayman found guilty.