R v Elle Saliba [2007] NSWDC 132

New South Wales District Court

CITATION: R v Elle Saliba [2007] NSWDC 132

HEARING DATE(S): 14/12/06 & 14/2/07

JUDGMENT DATE: 20 April 2007

EX 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 Saliba

FILE 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.