Police V Larkins [2009] NSWLC 12

Police V Larkins [2009] NSWLC 12

There were no extenuating circumstances to justify excusing the breach of the section 12 bond; therefore, the court was mandated to revoke the bond and order the offender to serve the previously suspended sentence of imprisonment.

Jurisdiction
Australia
Judgment Date
01 October 2009
Procedural Posture
Criminal / Breach Proceedings Bond Revocation and Sentencing
Outcome
Section 12 Bond revoked; sentence of imprisonment imposed
Legal Topics
['suspended Sentence' 'bond Revocation' 'drink Driving' 'sentencing']
['criminal Law'] ['suspended Sentence' 'bond Revocation' 'drink Driving' 'sentencing']

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Procedural Posture

Criminal / Breach Proceedings Bond Revocation and Sentencing

Legal Issues

  1. 1 ["Whether the offender's breach of a section 12 bond should be excused under section 98(3)(b) of the Crimes (Sentencing Procedure) Act 1999"]

Ratio Decidendi

There were no extenuating circumstances to justify excusing the breach of the section 12 bond; therefore, the court was mandated to revoke the bond and order the offender to serve the previously suspended sentence of imprisonment.

Court Disposition

Section 12 Bond revoked; sentence of imprisonment imposed

Orders

  • ['Section 12 bond revoked' 'Offender to serve 10 months imprisonment previously suspended' 'Non-parole period set at 7 months 15 days; balance of 2 months 15 days' 'Proceedings adjourned until 13 November 2009 for home detention assessment']