Upon revocation of a s.12 suspended sentence bond under the Crimes (Sentencing Procedure) Act 1999 (NSW), the original sentence of imprisonment takes effect automatically; the court has no jurisdiction to resentence or vary the sentence (including fixing a non-parole period). Section 99(1)(c)(ii) does not authorise the application of Part 4 at the revocation stage. Any error in the original sentence (such as failure to properly fix a non-parole period under ss 44-45) must be corrected on appeal from the original sentence, not by resentencing upon revocation.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
6 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.