Wayne Geoffrey Joseph Hughes v Regina [2007] NSWDC 145

Wayne Geoffrey Joseph Hughes v Regina [2007] NSWDC 145

Given the applicant's rehabilitative efforts and the importance of addressing his underlying causes for offending, the appropriate course is to stand the matter over for 12 months bail under s. 11 with supervision and reporting conditions to demonstrate capacity for rehabilitation before finalising sentence.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 June 2007
Procedural Posture
Severity Appeal / Stood Over for Sentencing; Interim Orders Made
Outcome
Stood over for sentencing; s. 11 bail granted with conditions, pending progress reports
Legal Topics
['severity Appeal' 'high Range PCA Offence' 'drink Driving' 'sentencing' 's.11 Crimes (sentencing Procedure) Act']
['criminal Law'] ['severity Appeal' 'high Range PCA Offence' 'drink Driving' 'sentencing' 's.11 Crimes (sentencing Procedure) Act']

Source-derived case record

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Procedural Posture

Severity Appeal / Stood Over for Sentencing; Interim Orders Made

Legal Issues

  1. 1 ["Whether the sentence of six months imprisonment for a high range PCA offence was manifestly excessive given the appellant's circumstances and history" 'Whether the appellant should be granted bail for rehabilitation pursuant to s.11 Crimes (Sentencing Procedure) Act']

Ratio Decidendi

Given the applicant's rehabilitative efforts and the importance of addressing his underlying causes for offending, the appropriate course is to stand the matter over for 12 months bail under s. 11 with supervision and reporting conditions to demonstrate capacity for rehabilitation before finalising sentence.

Court Disposition

Stood over for sentencing; s. 11 bail granted with conditions, pending progress reports

Orders

  • ['Matter stood over for sentencing to 6 June 2008, at Court to be advised' 'Section 11 bail with conditions pursuant to s. 11 Crimes (Sentencing Procedure) Act for 12 months' 'Appellant to attend Court on three occasions with progress reports' 'Supervision by Probation and Parole' 'Appellant to undertake all...