R v Steven Wayne KIRBY [2009] NSWDC 401

New South Wales District Court

CITATION: R v Steven Wayne KIRBY [2009] NSWDC 401

JUDGMENT DATE: 11 December 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: The bonds are revoked. An overall sentence of 3 years and 4 months imprisonment with a non-parole period of 2 years is imposed.

CATCHWORDS: CRIMINAL LAW - sentence - breach of s 9 and s 12 bonds by failing to be of good behaviour - whether period of time spent in custody should be taken into account in imposing suspended sentences - procedural steps

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 9, s 12, s 24, s 32, s 98, s 99 Crimes Act 1900 s 112(2), s 113(1)

PARTIES: Regina Steven Wayne Kirby

FILE NUMBER(S): 2009/6900

COUNSEL: Mr D Clarke (for Mr Kirby)

SOLICITORS: Ms White (NSW DPP)

JUDGMENT

1. I am sentencing Steven Wayne Kirby. He comes before me for sentence because he has breached some bonds imposed by another judge.

2. On 23 February 2007 his Honour Judge C E O'Connor QC sentenced Mr Kirby for four groups of offences. In each case he sentenced Mr Kirby to periods of imprisonment but in each case suspended those terms of imprisonment under s 12 of the Crimes (Sentencing Procedure) Act 1999. In his Honour's remarks on sentence, delivered on that day, his Honour set out the detail of the crimes that he was sentencing Mr Kirby for and Mr Kirby's personal circumstances and his Honour set out - with respect in very clear terms - the reasons for the sentences which his Honour imposed.

3. Since then Mr Kirby has breached the bonds which his Honour imposed. There are three breaches, all of which were offences themselves. The breaches occurred on 1 November 2007, 24 May 2008 and 30 November 2008.