R v S W Bugmy [2004] NSWCCA 258

R v S W Bugmy [2004] NSWCCA 258

Condition (4) of the bond, requiring Mr Bugmy to stay away from Wilcannia unless given judicial permission, was unduly harsh and unreasonable, lacked certainty, and was akin to general reform of character, thus should be quashed. The other aspects of the sentence imposed by Finnane DCJ were within discretion and confirmed.

Jurisdiction
Australia
Judgment Date
03 August 2004
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
leave to appeal granted; appeal allowed in respect of condition (4) of the bond; sentence otherwise confirmed
Legal Topics
['appeal Against Sentence' 'bond Conditions' 'rehabilitation' 'exclusion Order' 'good Behaviour Bond']
['criminal Law'] ['appeal Against Sentence' 'bond Conditions' 'rehabilitation' 'exclusion Order' 'good Behaviour Bond']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentences imposed were excessive' 'Whether the sentences should be concurrent' 'Whether the conditions imposed under the s12 bond were unduly onerous' 'Whether the condition restricting entry to Wilcannia was valid']

Ratio Decidendi

Condition (4) of the bond, requiring Mr Bugmy to stay away from Wilcannia unless given judicial permission, was unduly harsh and unreasonable, lacked certainty, and was akin to general reform of character, thus should be quashed. The other aspects of the sentence imposed by Finnane DCJ were within discretion and confirmed.

Court Disposition

leave to appeal granted; appeal allowed in respect of condition (4) of the bond; sentence otherwise confirmed

Orders

  • ['Leave to appeal is granted' 'The appeal is allowed in respect of condition (4) of the bond which is quashed' 'The sentence imposed by Finnane DCJ on 21 February 2003 is otherwise confirmed']