GREEN, Brett John v R [2008] NSWDC 378

New South Wales District Court

CITATION: GREEN, Brett John v R [2008] NSWDC 378

JUDGMENT DATE: 28 November 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: I set aside the sentence of the magistrate. I decide to take no action in respect of the failure to comply with the s 12 bond.

CATCHWORDS: CRIMINAL LAW - breach of s 12 bond - original offence of driving whilst disqualified - s 12 bond imposed on original offence - breach offence of intentionally or recklessly destroying or damaging property - breach offence domestic violence related - plea of guilty entered to breach offence - was the failure to comply with the conditions of the bond trivial in nature - prior criminal record including convictions for assault and stalking or intimidating - reasons for fresh charge not relevant - facts of non-compliance not relevant

Crimes Act 1900 s 195(1)(a) LEGISLATION CITED: Crimes (Appeal and Review) Act 2001 s 20(2) Crimes (Sentencing Procedure) Act 1999 s 9, s 12, s 98(3)(a)

PARTIES: Brett John Green Regina

FILE NUMBER(S): 2008/16691

SOLICITORS: Mr Davidge for Mr Green Ms Nicholson for the Director of Public Prosecutions

JUDGMENT

1. This is a difficult appeal to decide. It is an appeal about a man who breached a bond. Unless I find that the breach was trivial he needs to stay in gaol. The breach occurred in the context of his relationship with his partner. It involved a broken window.

2. As both Ms Nicholson, who appears for the respondent Director of Public Prosecutions and Mr Davidge, who appears for the appellant Brett John Green agree, any offence involving domestic violence cannot be treated as trivial. Indeed it is common knowledge that there has been a good deal of publicity this week in one of the major metropolitan Sydney newspapers about the problems of domestic violence and the consequences, sometimes tragic for the victims of domestic violence.