R v Springer [2009] NSWCCA 144

R v Springer [2009] NSWCCA 144

The respondent had notice of the appeal and hearing date and it was not unjust to proceed in his absence. His sentence and non-parole period had been reduced because of his undertaking to cooperate with law enforcement agencies, but he failed without reasonable excuse to return to Australia to give evidence as required and thereby failed entirely to provide the cooperation called for. Under s 21E(3)(a), the reduced non-parole period had to be replaced with the period that would have been fixed but for the reduction for future assistance, while the head sentence was left intact to avoid an unfair anomalous result.

Jurisdiction
Australia
Judgment Date
25 May 2009
Procedural Posture
Criminal Crown Appeal Against Sentence Under S 21 E of the Crimes Act (cth) / Court of Criminal Appeal Determination of Appeal Against Inadequacy of Sentence After Alleged Failure to Cooperate
Outcome
Appeal allowed; non-parole period substituted with three years eight months; head sentence of four years six months confirmed; commencement date not specified at this stage.
Legal Topics
['commonwealth Offence' 'assistance to Law Enforcement' 'failure to Provide Assistance' 'crown Appeal' 'non Parole Period' "proceeding in Respondent's Absence"]
['criminal Law' 'sentencing' 'criminal Procedure'] ['commonwealth Offence' 'assistance to Law Enforcement' 'failure to Provide Assistance' 'crown Appeal' 'non Parole Period' "proceeding in Respondent's Absence"]

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Procedural Posture

Criminal Crown Appeal Against Sentence Under S 21 E of the Crimes Act (cth) / Court of Criminal Appeal Determination of Appeal Against Inadequacy of Sentence After Alleged Failure to Cooperate

Legal Issues

  1. 1 ["Whether the Court could hear and determine the Crown appeal and pass sentence in the respondent's absence under s 14A of the Criminal Appeal Act (NSW)." 'Whether the respondent, without reasonable excuse, failed to cooperate in accordance with his undertaking to law enforcement agencies.' 'Whether the respondent failed entirely or only in part to cooperate in accordance with the undertaking for the purposes of s 21E(3) of the Crimes Act (Cth).' 'What sentence or non-parole period should be substituted if the appeal were allowed.']

Ratio Decidendi

The respondent had notice of the appeal and hearing date and it was not unjust to proceed in his absence. His sentence and non-parole period had been reduced because of his undertaking to cooperate with law enforcement agencies, but he failed without reasonable excuse to return to Australia to give evidence as required and thereby failed entirely to provide the cooperation called for. Under s 21E(3)(a), the reduced non-parole period had to be replaced with the period that would have been fixed but for the reduction for future assistance, while the head sentence was left intact to avoid an unfair anomalous result.

Court Disposition

Appeal allowed; non-parole period substituted with three years eight months; head sentence of four years six months confirmed; commencement date not specified at this stage.

Orders

  • ['Appeal against the sentence imposed on the respondent by the Court of Criminal Appeal on 16 October 2007 allowed.' 'Substitute for the non-parole period set by the Court of Criminal Appeal on 16 October 2007 a non-parole period of three years eight months.' 'The head sentence of four years six months imposed by...