NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Collett [2009] NSWCCA 236
HEARING DATE(S): 19 August 2009
JUDGMENT DATE: 16 September 2009
JUDGMENT OF: Macfarlan JA at 1; Grove J at 20; Hoeben J at 21
(1) Appeal allowed. DECISION: (2) Set aside the sentence imposed by Freeman DCJ on 27 October 2008 in respect of the "robbery in company" charge. (3) In lieu thereof, order that the respondent is sentenced to imprisonment for 3 years and 6 months with a non-parole period of 22 months and 15 days, both commencing on 12 January 2009. The earliest date upon which the respondent will be eligible for parole, taking into account this and other sentences imposed on the respondent, will be 27 November 2010. The sentences imposed upon the respondent will expire in their entirety on 11 July 2012.
CATCHWORDS: CRIMINAL LAW - Crown Appeal against sentence - Criminal Appeal Act 1912, s 5DA - discount on sentence due to undertaking to give evidence reversed when undertaking breached
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
CATEGORY: Principal judgment
R v Chaaban [2006] NSWCCA 352; (2006) 166 A Crim R 406 CASES CITED : R v KS [2005] NSWCCA 87 R v O'Brien (NSWCCA, 10 June 1993, unreported)
PARTIES: Regina (Appellant) Keith Collett (Respondent)
FILE NUMBER(S): CCA 2008/15449
COUNSEL: V Lydiard (Appellant/Crown) P M Strickland SC (Respondent)
SOLICITORS: Solicitor for Public Prosecutions (Appellant/Crown) Legal Aid Commission (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/15449
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