Regina v Collett [2009] NSWCCA 236

Regina v Collett [2009] NSWCCA 236

In the absence of exceptional circumstances, the respondent's breach of his undertaking to give evidence justified the removal of the nine-month sentence discount, and the sentence was increased accordingly.

Jurisdiction
Australia
Judgment Date
16 September 2009
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal, Judgment
Outcome
Appeal allowed; original sentence set aside; new sentence imposed.
Legal Topics
['crown Appeal Against Sentence' 'sentence Discount for Assistance' 'breach of Undertaking' 'criminal Appeal Act 1912 S5 Da']
['criminal Law'] ['crown Appeal Against Sentence' 'sentence Discount for Assistance' 'breach of Undertaking' 'criminal Appeal Act 1912 S5 Da']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal, Judgment

Legal Issues

  1. 1 ['Whether sentence discounted for an undertaking to assist police should be increased upon breach of undertaking' 'Whether post-sentencing material justified retention of sentence discount']

Ratio Decidendi

In the absence of exceptional circumstances, the respondent's breach of his undertaking to give evidence justified the removal of the nine-month sentence discount, and the sentence was increased accordingly.

Court Disposition

Appeal allowed; original sentence set aside; new sentence imposed.

Orders

  • ["Set aside the sentence imposed by Freeman DCJ on 27 October 2008 in respect of the 'robbery in company' charge." 'Respondent sentenced to imprisonment for 3 years and 6 months with a non-parole period of 22 months and 15 days, both commencing on 12 January 2009.' 'Earliest date for parole eligibility is 27...