Nollen v Police

The appellant, Kerry Ann Nollen, was convicted by a magistrate of breaching a bond entered into on 6 August 1997, which was a condition of a suspended sentence of imprisonment. The appeal is against the decision of Mr Harris SM, who revoked the suspended sentence and ordered the appellant to serve the sentence of imprisonment. The appellant submitted that the magistrate erred in his decision on the basis that the sentence was a nullity, the non parole period was not specified, the bonds were invalid because they were taken before a justice of the peace, and the magistrate failed to extend the non parole period. The court found that the magistrate's misunderstanding of his jurisdiction permeated the entire sentencing process and that each bond was unenforceable as a result. The court set aside the sentences and ordered that the appellant be re-sentenced. The court imposed a sentence of 18 months imprisonment for each offence, to be served concurrently, and suspended the sentences on condition that the appellant enter into a bond to be of good behaviour for a period of 2 years. The court fixed a non parole period of 12 months.

The court found that the magistrate's misunderstanding of his jurisdiction permeated the entire sentencing process and that each bond was unenforceable as a result. The court set aside the sentences and ordered that the appellant be re-sentenced. The court imposed a sentence of 18 months imprisonment for each offence, to be served concurrently, and suspended the sentences on condition that the appellant enter into a bond to be of good behaviour for a period of 2 years. The court fixed a non parole period of 12 months.