R v JJS [2005] NSWCCA 225

New South Wales Court of Criminal Appeal

CITATION: R v JJS [2005] NSWCCA 225

HEARING DATE(S): 9 June 2005

JUDGMENT DATE: 9 June 2005

JUDGMENT OF: Studdert J at 1; James J at 39; Howie J at 40

DECISION: Leave to appeal granted; the bond currently in place is quashed effectively as from today; the applicant is ordered to enter into a bond within the next seven days to take effect from the date of execution and to expire on 2 August 2007; the bond should contain the conditions set by the District Court, save for the exclusion of the condition that the applicant is not to have unsupervised contact with children under the age of twelve years.

Children (Criminal Proceedings) Act, s 18 LEGISLATION CITED: Crimes Act, s 61M Crimes (Sentencing Procedure) Act, s 9

CASES CITED: R v Bugmy [2004] NSWCCA 258

PARTIES: Regina v JJS

FILE NUMBER(S): CCA 2005/409

D. Frearson (Crown) COUNSEL: A. Francis (Appellant)

S. Kavanagh (Crown) SOLICITORS: S. O'Connor (Appellant)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/31/0091

LOWER COURT JUDICIAL OFFICER: Finnane J

IN THE COURT OF CRIMINAL APPEAL 2005/409

STUDDERT J JAMES J HOWIE J

Thursday 9 June 2005 REGINA v JJS Judgment 1 STUDDERT J: On 10 November 2003 the applicant (to whom I shall refer simply as "JJS") stood charged with two offences, namely, attempted sexual intercourse with a three year old child and assault with act of indecency on that same child. The applicant pleaded guilty to the lesser offence and the Crown accepted this plea in discharge of the indictment. In due course the judge before whom the plea was entered determined in lieu of imposing a sentence of imprisonment to direct the applicant to enter into a good behaviour bond under s 9 of the Crimes (Sentencing Procedure) Act 1999. 2 The bond directed was for a period of five years commencing on 3 August 2004, the date of his Honour's order, and was to contain the following conditions: