R v Bell - [2014] NSWDC 299

District Court

New South Wales

Medium Neutral Citation: R v Bell [2014] NSWDC 299
Hearing dates: 24 October 2014
Date of orders: 24 October 2014
Decision date: 24 October 2014
Jurisdiction: Civil
Before: Neilson DCJ
Decision:
No action taken on call up

Catchwords: SENTENCE – Section 12 call up – Whether good reasons for excusing offender’s failure to comply with conditions of bond – Whether subjective circumstances and consequences of revocation of bond can constitute good reasons
Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Director of Public Prosecutions v Burrow [2004] NSWSC 433
DPP (NSW) v Cooke [2007] NSWCA 2
R v Marston (1993) 60 SASR 320
Category: Procedural and other rulings
Parties: Director of Public Prosecutions (NSW) (Crown)
Corie William James Bell (Offender)
Representation:
Solicitors:
Director of Public Prosecutions (NSW) (Crown)
Mr Cramer (Offender)

File Number(s): 2014/414556
Publication restriction: No

Judgment

This is an application for leave to appeal from a sentence imposed by Magistrate Walsh sitting in the Local Court at Campbelltown on 7 August 2014.
The appellant was charged with an offence contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007. The particulars of the offence were that between 3pm on 7 December 2013 and 10.20am on 8 December 2013 at Airds in this State the appellant did intimidate Natasha Bell with the intention of causing her to fear physical or mental harm.
To that offence the appellant pleaded guilty on 12 May 2014. The learned Magistrate imposed a bond to be of good behaviour for a period of 18 months. His Honour imposed the “usual” conditions. They did not include supervision by Community Corrections.
It appeared to me on reading the papers that the order that his Honour made ought to have included supervision by Community Corrections. I have given the appellant a Parker warning, that has been accepted by his solicitor and the appellant does not object my allowing the appeal but to the extent of imposing upon the s 9 bond for 18 months a requirement that he be subject to the supervision of Community Corrections.
No other party wished to be heard and no other submission has been made.
Accordingly, I allow the appeal. I add to the conditions of the s 9 bond for the period of 18 months a requirement that the offender be subject to the supervision of Community Corrections during the term of the bond.
The latter is a little bit more complicated than I thought but I think that I have negotiated my way across it. All right. No one wishes to be heard any further?

BARNES: No, your Honour.

CRAMER: No, your Honour.

HIS HONOUR: The offender Corie William James Bell has been called up to appear before me for an alleged breached of a good behaviour bond.
On 29 October 2012 I sentenced the offender to imprisonment for a period of two years for the offence of robbery and suspended that sentence…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Bell

Details

AGLC: R v Bell [2014] NSWDC 299
Case: [2014] NSWDC 299
Decision Date: 24 October 2014

CaseChat Overview and Summary

In the case of R v Bell, the accused was summoned for sentencing after pleading guilty to an offence. The primary issue before the court was whether the accused had good reasons for not complying with the conditions of his bond. Specifically, the court had to consider whether the accused's subjective circumstances and the consequences of his bond being revoked could constitute good reasons for his failure to comply. The matter was heard in the court of summary jurisdiction.

The legal issues the court needed to address were centred around the interpretation of Section 12 of the relevant legislation, which deals with the conditions of a bond and the circumstances under which a call-up for sentencing can occur. The court was tasked with determining what constituted "good reasons" for non-compliance and whether the accused's personal situation and the potential revocation of his bond qualified as such reasons.

In delivering the judgment, the court considered the accused's personal circumstances and the potential consequences of his bond being revoked. The court found that the accused's subjective circumstances and the potential revocation of his bond did indeed constitute good reasons for his failure to comply with the bond conditions. Consequently, the court decided not to take any action on the call-up for sentencing. The court emphasised the importance of considering the individual circumstances of the accused in making such a determination.

Orders

Orders of the court

No action taken on call up

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Bell [2014] NSWDC 299
Hearing dates:	24 October 2014
Date of orders:	24 October 2014
Decision date:	24 October 2014
Jurisdiction:	Civil
Before:	Neilson DCJ
Decision:	No action taken on call up
Catchwords:	SENTENCE – Section 12 call up – Whether good reasons for excusing offender’s failure to comply with conditions of bond – Whether subjective circumstances and consequences of revocation of bond can constitute good reasons
Legislation Cited:	Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Director of Public Prosecutions v Burrow [2004] NSWSC 433 DPP (NSW) v Cooke [2007] NSWCA 2 R v Marston (1993) 60 SASR 320
Category:	Procedural and other rulings
Parties:	Director of Public Prosecutions (NSW) (Crown) Corie William James Bell (Offender)
Representation:	Solicitors: Director of Public Prosecutions (NSW) (Crown) Mr Cramer (Offender)
File Number(s):	2014/414556
Publication restriction:	No