Regina v Hyde

[2003] NSWCCA 154

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Partially suspended sentence
4. › Breach of s 12 bond
5. › Revocation
6. › Whether offender may be imprisoned for period of bond or period of sentence
7. › Correct construction of ss 12 and 99(1)(c) of Crimes (Sentencing Procedure) Act 1999 (NSW)
1. Criminal Law
2. › Sentencing
3. › Non-parole period
4. › Declining to set non-parole period
5. › Whether adequate consideration given to requirements of ss 44 and 45
6. › Whether absence of prospects of rehabilitation sufficient basis to decline to set non-parole period
7. › Crimes (Sentencing Procedure) Act 1999 (NSW), ss 44, 45

Quick Take

Upon revocation of a partially suspended sentence under s 12 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the court may only impose imprisonment for the period that was actually suspended, not the full original sentence. A finding that there is no hope for rehabilitation does not, without more, properly found a decision to decline to set a non-parole period under s 45.