R v Hocking [2000] NSWCCA 339

New South Wales Court of Criminal Appeal

CITATION : R v Hocking [2000] NSWCCA 339 FILE NUMBER(S) : CCA 60347/00 HEARING DATE(S) : 25 August 2000 JUDGMENT DATE : 25 August 2000

REGINA (Appellant) PARTIES : v ANTHONY PHILLIP HOCKING (Respondent) JUDGMENT OF : Beazley JA at 39; Smart AJ at 40; Ireland AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/71/0150 LOWER COURT JUDICIAL Knight DCJ OFFICER :

COUNSEL : A: Mr W G Dawe QC R: Mr M D Austin SOLICITORS : A: S E O'Connor R: Sydney Regional Aboriginal Corporation Legal Service CATCHWORDS : Criminal Law & Procedure - section 5DA Crown appeal against sentence - robbery in company - breach of undertaking to give evidence - re-sentence Criminal Appeal Act 1912, s 5DA LEGISLATION CITED : Crimes Act 1900, s 442B Crimes (Sentencing Procedure) Act 1999, s 23 CASES CITED: R v O'Brien (NSWCCA, unrep, 10/6/93) DECISION : Appeal allowed. Sentence Varied. See paragraph 38.

IN THE COURT OF CRIMINAL APPEAL CCA 60347/00 BEAZLEY JA SMART AJ IRELAND AJ Friday, 25 August 2000 REGINA v ANTHONY PHILLIP HOCKING JUDGMENT 1 IRELAND AJ: This is an appeal by the Director of Public Prosecutions pursuant to s 5DA of the Criminal Appeal Act, 1912 against the reduced sentence imposed upon the respondent by his Honour Judge Knight at the District Court at Griffith on 11 February 1999. 2 Section 5DA relevantly provides as follows:- (1) The Attorney General or the Director of Public Prosecutions may appeal to the Court of Criminal Appeal against any sentence imposed on a person that was reduced because the person undertook to assist law enforcement authorities if the person fails wholly or partly to fulfil the undertaking.