District Court New South Wales Medium Neutral Citation: Genoli v R (No 2) [2015] NSWDC 239 Hearing dates: 9 June 2015 Decision date: 09 June 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: 1) Leave granted to the appellant to withdraw appeals in respect of the destroy, damage property and ADVO offences. 2) Appeal allowed and sentence imposed by Magistrate set aside. 3) By order the appellant is to be released without sentence upon giving security of $100 without surety by recognizance to the satisfaction of the Court that he will comply with the conditions imposed. Catchwords: CRIMINAL LAW – appeals against sentence – correction of earlier orders – crimes committed under Commonwealth legislation – conditional release of offender after conviction Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 20(2) Crimes Act 1914 (Cth), s 20(1)(a) Category: Procedural and other rulings Parties: Kaben Jade Genoli (Appellant) Regina (Respondent) Representation: Solicitors: B Drinkwater, Barraclough Jones & Associates (Appellant) A Baker, Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2015/0044887 Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 14 April 2015 Before: McCosker LCM File Number(s): 2015/00044887 Judgment 1. I grant leave to the appellant to withdraw his appeals in respect of the destroy, damage property and contravene ADVO offences. It is noted that these sentences have now expired. 2. Under s 20(2) of the Crimes (Appeal and Review) Act 2001 I determine this appeal against sentence by setting aside the sentence. Instead of the sentence of imprisonment imposed by the Magistrate, under s 20(1)(a) of the Crimes Act 1914 by order I release the appellant without passing sentence on him upon his giving security without surety by recognizance to the satisfaction of the Court that he will comply with the following conditions - 1. That he will be of good behaviour for twelve months. 2. That he will, for the period of twelve months, comply with the following conditions. 1. that he notify the Registrar at this court of any change in his address. The Court notes his current address; 2. that he attend Court if he is called upon to do so; 3. that he accepts supervision from the New South Wales Community Corrections Service and accept all reasonable directions and recommendations of officers of that service regarding finance, domestic violence, alcohol, drug and gambling problems; 4. that he report to the Community Corrections office at Taree within seven days of his release from custody. 1. The Court notes that the time served in respect of these offences has been taken into account. HIS HONOUR: I think that fixes it. DRINKWATER: Your Honour I just was enquiring of my friend whether your Honour has to nominate an amount of security, even if it be without surety. Thank you. 1. One hundred dollars. DRINKWATER: Thank you your Honour. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 30 October 2015