Ah Keni v R [2021] NSWCCA 263

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ah Keni v R [2021] NSWCCA 263 Hearing dates: 18 August 2021 Date of orders: 18 August 2021 Decision date: 10 November 2021 Before: Bathurst CJ at [1]; Simpson AJA at [128]; Bellew J at [129] Decision: (1) Grant leave to appeal (2) Allow the appeal (3) Quash the sentence imposed and in lieu sentence the appellant to a non-parole period of 1 year and 3 months' imprisonment commencing on 17 June 2020 and expiring on 16 September 2021, with a balance of term of 10 months' imprisonment commencing on 17 September 2021 and expiring on 16 July 2022 Catchwords: CRIME – complicity – accessory after the fact – multiplicity of acts designed to conceal the role played by the principal offenders – silence – where the appellant failed to go to the police at an early stage and provide assistance – whether the sentencing judge erred in finding that the appellant's failure to go to the police at an early stage and provide assistance constituted an offending act Legislation Cited: Crimes Act 1900 (NSW) Crimes (Public Justice) Amendment Act 1990 (NSW) Cases Cited: Cabot (a pseudonym) v R (No 2) [2020] NSWCCA 354 Ewan v R [2020] NSWCCA 85 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Kaminic v R [2014] NSWCCA 116 R v Ah Keni [2020] NSWSC 1848 R v Cowen [2008] NSWSC 104 R v Edwards (1996) 90 A Crim R 510 R v Farroukh (Court of Criminal Appeal (NSW), 29 March 1996, unrep) R v Mai (1992) 26 NSWLR 371 R v Stanford, Marcus [2016] NSWSC 1174 R v Tan Do (Court of Criminal Appeal (NSW), 7 May 1997, unrep) R v Waters [1999] NSWSC 893 R v Wirth (1976) 14 SASR 291 Sykes v Director of Public Prosecutions [1962] AC 528 The King v Levy [1912] 1 KB 158 Texts Cited: New South Wales Law Reform Commission, Review of section 316 of the Crimes Act 1900 (NSW), (December 1999) Category: Principal judgment Parties: Analosa Ah Keni (Appellant) The Crown (Respondent) Representation: Counsel: I McLachlan (Appellant) K Jeffreys (Respondent)