Regina v Hammond [2001] NSWCCA 34

Regina v Hammond [2001] NSWCCA 34

The respondent wholly failed to fulfil his undertaking to assist law enforcement, having received a reduced sentence on account of his promise to do so. The circumstances did not warrant declining to increase the sentence, as risks and pressures experienced in prison were accounted for in the original discount. Accordingly, the sentence was varied to remove the reduction previously applied for the undertaking.

Jurisdiction
Australia
Judgment Date
01 February 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence by the Director of Public Prosecutions Under S 5 DA of the Criminal Appeal Act 1912
Outcome
Appeal allowed; sentence varied.
Legal Topics
['appeal Against Sentence' 'failure to Fulfil Undertaking to Assist Authorities' 'discount for Assistance to Authorities' 're Sentencing']
['criminal Law'] ['appeal Against Sentence' 'failure to Fulfil Undertaking to Assist Authorities' 'discount for Assistance to Authorities' 're Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence by the Director of Public Prosecutions Under S 5 DA of the Criminal Appeal Act 1912

Legal Issues

  1. 1 ['Whether the respondent wholly failed to fulfil an undertaking to assist law enforcement authorities.' 'Whether the discretion under s 5DA(2) of the Criminal Appeal Act 1912 should be exercised to vary the sentence.' "Appropriate sentence in light of the respondent's failure to assist after receiving a discounted sentence for undertaking to do so."]

Ratio Decidendi

The respondent wholly failed to fulfil his undertaking to assist law enforcement, having received a reduced sentence on account of his promise to do so. The circumstances did not warrant declining to increase the sentence, as risks and pressures experienced in prison were accounted for in the original discount. Accordingly, the sentence was varied to remove the reduction previously applied for the undertaking.

Court Disposition

Appeal allowed; sentence varied.

Orders

  • ['The appeal is allowed.' 'The sentence imposed by Judge Gibson in respect of count 2 in the indictment is set aside.' 'In lieu thereof, the respondent is sentenced to five years imprisonment to date from 16 May 1999 with a non-parole period of two years and ten months.' 'First date eligible for consideration for...