Binge, Raymond v D.P.P [2010] NSWDC 288

New South Wales District Court

CITATION: Binge, Raymond v D.P.P [2010] NSWDC 288

JUDGMENT DATE: 29 September 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

Drive with high range PCA: Appeal upheld. Conviction confirmed. DECISION: 9 months imprisonment imposed by the learned magistrate confirmed. 6 months non-parole period imposed by the learned magistrate quashed in lieu imprisonment suspended conditional upon the appellant entering into a bond to be of good behaviour for a period of 9 months 5 years disqualification period imposed by the learned magistrate quashed in lieu disqualified for a period of 12 months. Resist police officer in execution of duty (Breach of bond)- H160565693: & Intimidate police officer in execution of duty (Breach of bond) - H160565693: No action taken on the breach of s.12 bonds.

CATCHWORDS: Criminal Law - District Court Severity Appeal - Suspended Sentence Call-up - High range PCA - intimidate police - assault police in execution of duty - seriousness of offences assessed - breach of s.12 bonds outlined - principles of revocation identified and discussed - seriousness of breach of s.12 bond assessed - "good reasons" for excusing the offender's failure to comply identified - absenceof full range of sentencing options in rural NSW - periodic detention - home detention - effective discrimination for rurual and regional based offenders - good reasons in the interest of justice not to revoke - no action taken on the breach

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

The DPP v Burrows & Anor [2004] NSWSC 433 CASES CITED: The DPP v Cooke & Anor [2007] NSWCA 2 R v Mark John Doyle NSWCCA unreported 7 March 1996