McKinnon v POLICE

Case

[2018] SASC 168

13 November 2018


Details
AGLC Case Decision Date
McKinnon v POLICE [2018] SASC 168 [2018] SASC 168 13 November 2018

CaseChat Overview and Summary

McKinnon v POLICE involved an appeal against the sentence imposed by the lower court, specifically concerning the conditions of the appellant's bond. The appellant contested the conditions of the bond, which included attending a Father’s Journey Program provided by AnglicareSA and being supervised by a Community Corrections Officer. The case was heard in the court of appeal, where the appellant argued for a variation in the conditions of his bond.

The court was required to determine whether the conditions imposed on the appellant's bond were appropriate and whether they should be varied. The appellant argued that the specific condition regarding attending the Father’s Journey Program should be substituted with another program or condition. The court needed to weigh the arguments presented and decide whether the existing conditions were suitable or if modifications were warranted to achieve the objectives of the bond.

The court considered the arguments and concluded that the existing conditions were generally appropriate but could be refined. The court decided to replace the contested condition with one that required the appellant to attend the Father’s Journey Program provided by AnglicareSA and to be supervised by a Community Corrections Officer. This decision aimed to ensure that the appellant continued to improve his parenting skills and received the necessary support. The court allowed the appeal in part and varied the bond by substituting the contested condition with the new conditions specified.

The court made clear that its intention was for the Community Corrections Officer to support the appellant in his involvement with AnglicareSA and his ongoing improvement in parenting. The court concluded by varying the bond to include the new conditions and allowing the appeal to the extent specified.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Sentencing

Actions
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Cases Citing This Decision

38

Cianfaglione v The King [2022] SASCA 120
Cianfaglione v The King [2022] SASCA 120
Cianfaglione v The King [2022] SASCA 120
Cases Cited

2

Statutory Material Cited

1

R v Bugmy [2004] NSWCCA 258
R v Bugmy [2004] NSWCCA 258
Marsh v Williams [1907] HCA 10