Green, Brett John v The Queen

In this matter, the appellant, Brett John Green, was found guilty of breaching a s 12 bond condition, with the original offence being driving while disqualified. The case was heard by the Supreme Court of Queensland. The breach offence involved the intentional or reckless destruction or damage of property, and was related to domestic violence. Green had entered a guilty plea for the breach offence. The court had to determine whether the failure to comply with the conditions of the bond was trivial in nature, considering Green's prior criminal record, which included convictions for assault and stalking or intimidating.

The court noted that Green's prior criminal history was relevant in assessing whether the breach was trivial. It was emphasised that the reasons for the fresh charge were not relevant, nor were the specific facts of the non-compliance. The court had to assess whether the breach was significant enough to warrant a sentence. In reaching its decision, the court considered the nature of the breach, Green's criminal history, and the circumstances of the original offence.

The Supreme Court of Queensland found that the breach was not trivial, given Green's criminal history. However, the court decided to take no action in respect of the breach, and set aside the sentence imposed by the magistrate. This decision was based on the court's assessment of the seriousness of the breach and the appellant's criminal history. The court's ruling highlighted the importance of considering the totality of the circumstances in determining an appropriate sentence for a breach of a s 12 bond.