R v Heath [2014] NSWDC 351

District Court New South Wales

Medium Neutral Citation: R v Heath [2014] NSWDC 351 Decision date: 05 November 2014 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: (1) Under s 11 of the Crimes (Sentencing Procedure) Act 1999 the offender is found guilty and convicted of the offence.

(2) Proceedings adjourned part heard to Thursday 18 December 2014 at 10am in Sydney. The purpose of the adjournment is to assess the offender's capacity and prospects for rehabilitation and for the purpose of allowing him to demonstrate that rehabilitation has taken place.

(3) The offender is granted bail until that date on the following conditions:

(i) To remain abstinent from prohibited drugs and alcohol; (ii) To have regular urine drug screens; (iii) To have regular mental health care monitoring by his general practitioner; (iv) To comply with any recommendations or treatments by his general practitioner including but not limited to medication compliance, attendance at appointments and participation in individualised or group therapy. Catchwords: CRIMINAL LAW - particular offences - assault with intent to rob whilst armed with an offensive weapon - under the influence of amphetamines - imitation gun - disrupted youth - no prior criminal record - early plea of guilty - pre-sentence report - low to medium risk of reoffending - procedure - adjournment for purposes of assessing capacity and prospects for rehabilitation - conditional bail granted Legislation Cited: Crimes Act 1900, s 97(1) Crimes (Sentencing Procedure) Act 1999, s 11 Mental Health (Forensic Provisions) Act 1990, s 32 Category: Procedural and other rulings Parties: Regina (Crown) Daniel Owen Heath (offender) Representation: Counsel: J Fitzgerald (offender)