R v Mico

In the case of R v Mico, the appellant, Mr Mico, was before the court on the matter of his compliance with a deferred sentence order. Mr Mico had previously been granted a deferred sentence order but had not complied with all directions made under it. The dispute centred on whether the court should consider new and mitigating circumstances that had arisen since the commencement of the order. The matter was heard in the Supreme Court of New South Wales.

The legal issue before the court was whether it should take into account new and mitigating circumstances that had arisen since the commencement of the deferred sentence order when deciding whether to revoke the order. The court was required to consider whether the new and mitigating circumstances were relevant to the offender’s compliance with the directions made under the order. The court was also required to consider whether the new and mitigating circumstances warranted a different outcome to the one that would have been reached had the court not taken them into account.

The court held that it was appropriate to consider new and mitigating circumstances that had arisen since the commencement of the deferred sentence order when deciding whether to revoke the order. The court held that the new and mitigating circumstances were relevant to the offender’s compliance with the directions made under the order and that they warranted a different outcome to the one that would have been reached had the court not taken them into account. The court held that the new and mitigating circumstances were such that they warranted the court to exercise its discretion to release the offender on bail rather than revoke the order. The court held that the new and mitigating circumstances were such that they warranted the court to release the offender on bail to appear before the Honourable Justice Refshauge on 2 August 2010 with the following conditions.