R v James Mervyn HILLHOUSE [2009] NSWDC 427

New South Wales District Court

CITATION: R v James Mervyn HILLHOUSE [2009] NSWDC 427

JUDGMENT DATE: 3 December 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: In regards to the appeals from the revocation of bonds I set aside the sentences of the learned magistrate. In regards to the appeals against sentence I set aside the sentences of the learned magistrate.

CATCHWORDS: CRIMINAL LAW - judgment - sentence appeal - appeal against revocation of s 12 bonds - submission that the offender had good reasons for failing to comply with the conditions of the bonds - whether necessity or urgency required - stupid behaviour not contumelious disregard of bond - relevance of 5A authorities

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 98(3)

Director of Public Prosecutions v Burrow [2004] NSWSC 433 CASES CITED: Director of Public Prosecutions v Cooke (2007) 168 A Crim R 379 R v Marston (1993) 60 SASR 320

PARTIES: Regina James Mervyn Hillhous

FILE NUMBER(S): 2009/202163; 2009/210803

SOLICITORS: Ms White for the ODPP Ms Miles for the offender

JUDGMENT

1. These appeals against sentences by James Hillhouse include appeals against the revocation of bonds. Magistrate Dunlevy sitting in the Broken Hill Local Court on 22 September 2009 revoked good behaviour bonds which had been imposed upon James Hillhouse in the past. They were not good behaviour bonds imposed under s 9 of the Crimes (Sentencing Procedure) Act 1999 but imposed under s 12. This means that the bonds were accompanied by sentences of imprisonment.

2. The issue raised by Ms Miles who appears for Mr Hillhouse is whether under s 98(3) of the Crimes (Sentencing Procedure) Act I should find that there are good reasons for excusing her client's failure to comply with the conditions of the good behaviour bonds which accompanied the suspended sentences.