R v GD [2013] NSWCCA 212

R v GD [2013] NSWCCA 212

The sentencing judge erred in applying a global discount without specification between plea of guilty, past assistance, and future assistance, as required by s 23(4) of the Crimes (Sentencing Procedure) Act. The respondent failed to fulfil his undertaking to provide future assistance. The Court recalculated the sentence by removing the 15% discount for future assistance, retaining 5% each for plea and past assistance.

Parties
Applicant: Regina; Respondent: GD
Jurisdiction
Australia
Judgment Date
13 September 2013
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal, Decision
Outcome
Crown appeal allowed; sentence quashed; new sentence imposed.
Legal Topics
Crown Appeal Against Sentence, Assistance to Authorities, Discount for Plea of Guilty, Discount for Assistance, Quantification of Discounts
Criminal Law Crown Appeal Against Sentence Assistance to Authorities Discount for Plea of Guilty Discount for Assistance Quantification of Discounts

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Parties

Regina

Applicant

GD

Respondent

Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal, Decision

Legal Issues

  1. 1 Whether the sentencing Judge erred by failing to quantify the discounts provided for past and future assistance under s 23 of the Crimes (Sentencing Procedure) Act 1999
  2. 2 How the global discount applied to the sentence should be separated and recalculated given the respondent's failure to fulfil future assistance undertakings

Ratio Decidendi

The sentencing judge erred in applying a global discount without specification between plea of guilty, past assistance, and future assistance, as required by s 23(4) of the Crimes (Sentencing Procedure) Act. The respondent failed to fulfil his undertaking to provide future assistance. The Court recalculated the sentence by removing the 15% discount for future assistance, retaining 5% each for plea and past assistance.

Court Disposition

Crown appeal allowed; sentence quashed; new sentence imposed.

Orders

  • Crown appeal allowed.
  • Sentence imposed in the District Court on 4 November 2011 quashed.