Regina v DV [2005] NSWCCA 319

Regina v DV [2005] NSWCCA 319

Although the respondent failed to fulfil his undertaking, in view of the completed service of his custodial sentence, imminent expiry of the total sentence, and that delays in trial were not attributable to him, the court exercised its discretion not to intervene and dismissed the Crown appeal.

Jurisdiction
Australia
Judgment Date
08 September 2005
Procedural Posture
Criminal / Crown Appeal Against Sentence Under S 5 DA Criminal Appeal Act 1912
Outcome
Crown appeal dismissed
Legal Topics
['sentence Reduction for Cooperation' 'crown Appeal Against Sentence' 'robbery Whilst Armed' 'failure to Fulfil Undertaking to Assist Authorities']
['criminal Law'] ['sentence Reduction for Cooperation' 'crown Appeal Against Sentence' 'robbery Whilst Armed' 'failure to Fulfil Undertaking to Assist Authorities']

Case Brief

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Procedural Posture

Criminal / Crown Appeal Against Sentence Under S 5 DA Criminal Appeal Act 1912

Legal Issues

  1. 1 ['Whether benefit of reduced sentence due to promise of cooperation with authorities should be withdrawn after failure to fulfil the undertaking']

Ratio Decidendi

Although the respondent failed to fulfil his undertaking, in view of the completed service of his custodial sentence, imminent expiry of the total sentence, and that delays in trial were not attributable to him, the court exercised its discretion not to intervene and dismissed the Crown appeal.

Court Disposition

Crown appeal dismissed

Orders

  • ['Appeal dismissed']