R v Lyons, Thomas [2010] NSWDC 194

R v Lyons, Thomas [2010] NSWDC 194

The judicial assessment weighed the objective and subjective criminality, including the breach of conditional liberty and personal circumstances. Conditional bail in accordance with s.11 of Crimes (Sentencing Procedure) Act 1999 was granted, providing the offender an opportunity for rehabilitation before final sentencing, with custodial sentence to be imposed if conditions are breached.

Jurisdiction
Australia
Judgment Date
21 May 2010
Procedural Posture
Criminal / Sentencing
Outcome
Convicted. Conditional bail granted under s.11 Crimes (Sentencing Procedure) Act 1999 for nine months.
Legal Topics
['sentence' 's.11 Bail' 'break, Enter and Steal']
['criminal Law'] ['sentence' 's.11 Bail' 'break, Enter and Steal']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Sentencing for break and enter and larceny' 'Application of s.11 bail under Crimes (Sentencing Procedure) Act 1999' 'Assessment of objective and subjective criminality' 'Impact of breach of good behaviour bond on sentencing']

Ratio Decidendi

The judicial assessment weighed the objective and subjective criminality, including the breach of conditional liberty and personal circumstances. Conditional bail in accordance with s.11 of Crimes (Sentencing Procedure) Act 1999 was granted, providing the offender an opportunity for rehabilitation before final sentencing, with custodial sentence to be imposed if conditions are breached.

Court Disposition

Convicted. Conditional bail granted under s.11 Crimes (Sentencing Procedure) Act 1999 for nine months.

Orders

  • ['Thomas Lyons is granted bail for 9 months under s.11 Crimes (Sentencing Procedure) Act 1999.' 'He must remain of good behaviour for the nine month period.' 'He must accept supervision from Probation and Parole and all reasonable directions from his case manager.' 'He must abstain from alcohol for the first six...