R v Elle Saliba
[2007] NSWDC 132
•29 October 2007
CITATION: R v Elle Saliba [2007] NSWDC 132 HEARING DATE(S): 14/12/06 & 14/2/07
JUDGMENT DATE:
20 April 2007EX TEMPORE JUDGMENT DATE: 29 October 2007 JURISDICTION: Criminal JUDGMENT OF: Nicholson SC DCJ DECISION: No action taken on breach of s.11 bail. Stood over for further progress report. CATCHWORDS: Criminal Law - Sentencing - breach of s 11 bail - further progress report required - no action taken on breach. LEGISLATION CITED: s.11 Crimes (Sentencing Procedure) Act 1999 PARTIES: Regina
Elle SalibaFILE NUMBER(S): 06/21/0321; 06/21/0322 SOLICITORS: Def: Ms Meranea
Cr: Mr White
SENTENCE
1 HIS HONOUR: Elle Saliba has been on s 11 bail [s.11 Crimes (Sentencing Procedure) Act 1999] since 14 December 2006. Initially he was given bail in the face of two committals for sentence. The first related to a break and enter building and commit the offence of stealing. And secondly, in respect of a number of counts of disposing of stolen property.
2 At the time it was clear to me that he had a problem with drugs and that he had a problem perhaps in facing up to issues.
3 He was forty-four years old and had not previously been convicted of any offence, if my memory serves me correctly. Certainly he had not been in prison before.
4 The s.11 bail that I gave him was to last for a year. It had a number of conditions that sought to treat what I thought were the causes of his crime and further conditions that would guarantee the protection of the community.
5 Those, which were designed to treat the causes of his criminal offending related to rehabilitation efforts touching drug abuse. He was required to submit to random testing four times a month at the discretion of the Probation and Parole Service. He was required to attend random urine testing within four hours of being notified by the Probation and Parole Service. He was required to accept the supervision and, in particular, counselling by the Probation and Parole Service.
6 To guarantee the protection of the community the Probation and Parole Service were required to advise me of any breach of bail within forty-eight hours. I had also set two dates, this being the first and the date in August being the second, when I would assess his progress before finalising the matter on 14 December this year.
7 At the first review I have been given a breach report. It concerns his conduct during urine analysis. He was sent for analysis on 26 March 2007; the urine analysis provider contacted the Service on the 29th, that is, the Probation and Parole Service on 29 March to inform that Service that Mr Saliba had been detected substituting someone else’s urine for his. That was an act, which really undermined any confidence that I could place in the testing.
8 He tells me though that he has made progress whilst he has been on bail. His solicitor indicates that he is now receiving psychological counselling. That he is about to be introduced to a medication regime.
9 In the absence of rehabilitation this is an offence that must call for imprisonment. I am loath, if I can avoid it, to send anyone to prison. What I intend to do is to give him another four months to see if he can redeem himself in the eyes of the Court. In the event that there should be any breach of the bond, you have heard the crown submissions. I thought they were responsibly made. On the next occasion I will not resist them.
OFFENDER: Can I say something.
HIS HONOUR: Yes.
OFFENDER: If it pleases the court to show that part of that deception ..(not transcribable).. I’d be more than willing to go and take out at my own expense have a blood test done randomly when ever Probation and Parole call for out of my own cost to show them there’s no way of cheating through having a blood test.
HIS HONOUR: Well that something you can take up with your solicitor. Whatever you do to impress the court will be noted, but I am not making any order.
OFFENDER: Yes your Honour..
HIS HONOUR: I want to see you at the Penrith District Court for a further progress report on 31 May.
OFFENDER: Yes your Honour.
ADJOURNED TO PENRITH DISTRICT COURT ON THURSDAY 31 MAY 2007
BAIL CONTINUED
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