R v Medd (a pseudonym) [2018] NSWCCA 36

R v Medd (a pseudonym) [2018] NSWCCA 36

The respondent had received a sentence reduction for anticipated future assistance to authorities but refused to provide that assistance. Under s 5DA of the Criminal Appeal Act 1912 (NSW), it was appropriate to vary the sentence by removing the portion of the reduction attributable to the promised future assistance, resulting in an aggregate sentence of 9 years and 10 months with a non-parole period of 7 years and 4 months.

Jurisdiction
Australia
Judgment Date
14 March 2018
Procedural Posture
Crown Appeal Against Sentence Under S 5 DA of the Criminal Appeal Act 1912 (nsw) / Court of Criminal Appeal; Appeal Not Opposed
Outcome
Crown appeal allowed; sentence imposed by the Court of Criminal Appeal on 10 November 2016 set aside; respondent resentenced.
Legal Topics
['crown Appeal Against Sentence' 'reduced Sentence for Assistance to Authorities' 'failure to Fulfil Undertaking to Assist Law Enforcement Authorities' 'drug Supply Offences' 'aggregate Sentence' 'non Parole Period']
['criminal Law' 'sentencing'] ['crown Appeal Against Sentence' 'reduced Sentence for Assistance to Authorities' 'failure to Fulfil Undertaking to Assist Law Enforcement Authorities' 'drug Supply Offences' 'aggregate Sentence' 'non Parole Period']

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Procedural Posture

Crown Appeal Against Sentence Under S 5 DA of the Criminal Appeal Act 1912 (nsw) / Court of Criminal Appeal; Appeal Not Opposed

Legal Issues

  1. 1 ['Whether a sentence reduced because the respondent undertook to assist law enforcement authorities should be increased after the respondent refused to provide the promised additional assistance.' 'Whether the respondent should be resentenced by removing the component of the s 23 reduction attributable to anticipated future assistance.']

Ratio Decidendi

The respondent had received a sentence reduction for anticipated future assistance to authorities but refused to provide that assistance. Under s 5DA of the Criminal Appeal Act 1912 (NSW), it was appropriate to vary the sentence by removing the portion of the reduction attributable to the promised future assistance, resulting in an aggregate sentence of 9 years and 10 months with a non-parole period of 7 years and 4 months.

Court Disposition

Crown appeal allowed; sentence imposed by the Court of Criminal Appeal on 10 November 2016 set aside; respondent resentenced.

Orders

  • ['Crown appeal allowed.' 'Sentence imposed by the Court of Criminal Appeal on 10 November 2016 set aside.' 'In lieu thereof, the respondent is resentenced to an aggregate sentence consisting of a non-parole period of 7 years and 4 months, commencing on 29 August 2013, and expiring on 28 December 2020, with a balance...