If you have been convicted of an offence under section 9 of the Crimes (Sentencing Procedure) Act 1999, you may be directed to enter into a bond to be of good behaviour. That bond is not to exceed 5 years.
The court must ensure that the offender has been explained their obligations under the bond and the consequences that may follow if they fail to comply with those obligations. If you have been charged with another matter whilst serving the good behaviour bond, you may have to appear before the court again, and the court may:
- Take no action;
- Change the bond conditions; or
- Cancel the bond and convict and sentence you.
NB: Breaching the good behaviour bond also aggravates the new offence which you have been charged with.
Conditions the court may impose on the bond is for you to undergo supervision with the Probation and Parole Service or counseling, and must not be unduly harsh, unreasonable or needlessly onerous.
The conditions of a bond must be certain and not be unduly harsh, unreasonable, or needlessly onerous. It must “reasonably relate to the purpose of imposing a bond, that is, the punishment of a particular crime.. including deterrence and rehabilitation” – R v Bugmy [2004] NSWCCA 258.
