R v Christopher John LENATI [2008] NSWCCA 67

New South Wales Court of Criminal Appeal

CITATION: R v Christopher John LENATI [2008] NSWCCA 67

HEARING DATE(S): 18 March 2008

JUDGMENT DATE: 27 March 2008

JUDGMENT OF: Bell JA at 1; Simpson J at 8; Adams J at 50

DECISION: Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - Crown appeal against sentence - aggravated break, enter and commit a serious indictable offence, aggravated detention for advantage, maliciously inflicting grievous bodily harm with intent to do so, robbery in company - sentence reduced on basis of plea of guilty, respondent's own disclosure of guilt, assistance to authorities - respondent entitled to cumulative discounts - failure by the respondent to fulfil undertaking to give evidence - whether the principle of proportionality operating on cumulative discounts reduced the discount for past assistance - whether a greater level of discount would have been given for past assistance had the promise of future assistance not been made - where the benefit of discount for future assistance is removed, the part of the discount for past assistance lost due to compression may be restored - substantial delay of Crown appeal justified to allow respondent to fulfil his undertaking - respondent's parole eligibility date imminent - Crown appeal dismissed in exercise of discretion

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912

CATEGORY: Principal judgment

R v Cartwright (1989) 17 NSWLR 243 R v Ellis (1986) 6 NSWLR 603 R v El-Sayed [2003] NSWCCA 232 R v KS [2005] NSWCCA 87 R v O'Brien (unreported, NSWCCA, 10 June 1993) CASES CITED : R v Perez-Vargas (1986) 8 NSWLR 559 R v Sukkar [2006] NSWCCA 92; 172 A Crim R 151 R v Thomson; R v Houlten [2000] NSWCCA 309; 49 NSWLR 383 Regina v Z [2006] NSWCCA 342; 167 A Crim R 436 SZ v R [2007] NSWCCA 19; 168 A Crim R 249 SZ v R and Lewins v R [2007] NSWCCA 189