R v Skuthorpe [2015] NSWCCA 140

R v Skuthorpe [2015] NSWCCA 140

Although the respondent gave an undertaking within the meaning of s 5DA to assist authorities by giving evidence against the co-offender, and failed to honour it, discretionary factors—particularly the size of the discount (10%) and unexplained delay in bringing the appeal—justify dismissal of the appeal and retention of the sentence as imposed.

Parties
Appellant Crown: Regina; Respondent: Luke Milsap Skuthorpe
Jurisdiction
Australia
Judgment Date
17 June 2015
Procedural Posture
Criminal Appeal / Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Sentencing Discount for Assistance, Failure to Fulfil Undertaking to Assist, Crown Appeals Under S 5 DA Criminal Appeal Act, Compliance With S 23 Crimes (sentencing Procedure) Act, Delay in Bringing Appeal
Criminal Law Sentencing Discount for Assistance Failure to Fulfil Undertaking to Assist Crown Appeals Under S 5 DA Criminal Appeal Act Compliance With S 23 Crimes (sentencing Procedure) Act Delay in Bringing Appeal

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Parties

Regina

Appellant Crown

Luke Milsap Skuthorpe

Respondent

Procedural Posture

Criminal Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the respondent gave an undertaking to assist law enforcement authorities within s 5DA of the Criminal Appeal Act
  2. 2 Whether the sentencing judge reduced the sentence based on an undertaking to assist and the extent of that reduction
  3. 3 Compliance with s 23(4) Crimes (Sentencing Procedure) Act

Ratio Decidendi

Although the respondent gave an undertaking within the meaning of s 5DA to assist authorities by giving evidence against the co-offender, and failed to honour it, discretionary factors—particularly the size of the discount (10%) and unexplained delay in bringing the appeal—justify dismissal of the appeal and retention of the sentence as imposed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed