Regina v Karaman [2002] NSWCCA 48

Reported Decision : (2002) 128 A Crim R 72

New South Wales Court of Criminal Appeal

CITATION : Regina v Karaman [2002] NSWCCA 48 FILE NUMBER(S) : CCA 60164/01 HEARING DATE(S) : Wednesday 27 February 2002 JUDGMENT DATE : 8 March 2002

PARTIES : Regina v Haykel Karaman JUDGMENT OF : Sheller JA at 1; Grove J at 2; Simpson J at 35

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0120 LOWER COURT JUDICIAL Gibson DCJ OFFICER :

COUNSEL : D.M. Woodburne (Crown/Applicant) H. Dhanji (Respondent) SOLICITORS : S.E. O'Connor (Crown) D.J. Humphreys (Respondent) CATCHWORDS : CRIMINAL LAW AND PROCEDURE - SENTENCE - PROMISE OF FUTURE ASSISTANCE ATTRACTING DISCOUNT - FAILURE TO FULFIL PROMISE - RECTIFICATION TO ADJUST UNJUSTIFIED DISCOUNT s5DA Criminal Appeal Act LEGISLATION CITED : s44 Crimes (Sentencing Procedure) Act 1999 Sentencing Act 1989 R v. Walters 1994 33 NSWLR 612 R v Chu NSWCCA unrep 16 October 1998 CASES CITED: R v Simpson [2001] NSWCCA 534 R v Kama [2000] NSWCCA 23 R v Yucel [2000] NSWCCA 532 DECISION : CROWN APPEAL ALLOWED; RESPONDENT RESENTENCED

The respondent gave formal written undertakings to the Director of Public Prosecutions to give evidence "truthfully and frankly" in accordance with statements made by him inculpating another offender. On being called to testify at the latter's trials, he disavowed the content of the statements although in the interim he had in respect of crimes committed by him been given an express discount for his promise. The Crown then lodged an appeal pursuant to s5DA of the Criminal Appeal Act. It was submitted that as, despite the recanting by the respondent, the other offender was convicted of one offence there should be an assessment of the value of the respondent's overall conduct in that context.