R v Springer [2009] NSWCCA 144

New South Wales Court of Criminal Appeal

CITATION: R v Springer [2009] NSWCCA 144

HEARING DATE(S): 13 May 2009

JUDGMENT DATE: 25 May 2009

JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Simpson J at 53

1. Appeal against the sentence imposed on the respondent by the Court of Criminal Appeal on 16 October 2007 allowed. DECISION: 2. Substitute for the non-parole period set by the Court of Criminal Appeal on 16 October 2007 a non-parole period of three years eight months. 3.The head sentence of four years six months imposed by the Court of Criminal Appeal on 16 October 2007 confirmed.

CATCHWORDS: CRIMINAL LAW — Sentencing — Commonwealth offence — assistance — sentence reduced by reason of assistance — failure to provide assistance — Crown appeal — s 21E Crimes Act (Cth) — s 14A Criminal Appeal Act (NSW)

Crimes Act (Cth) LEGISLATION CITED: Criminal Appeal Act (NSW) Judiciary Act (Cth)

CASES CITED : R v YZ (1999) 162 ALR 265

PARTIES: Regina SPRINGER, Patrick

FILE NUMBER(S): CCA 2006/4996

COUNSEL: W Abraham QC - Appellant No appearance - Respondent

SOLICITORS: Commowealth Director of Public Prosecutions

LOWER COURT JURISDICTION: Court of Criminal Appeal

LOWER COURT FILE NUMBER(S): 2006/4996

LOWER COURT DATE OF DECISION: 16 October 2007

IN THE COURT OF CRIMINAL APPEAL 2006/4996

McCLELLAN CJ at CL JAMES J SIMPSON J

MONDAY 25 MAY 2009 R v SPRINGER, Patrick Judgment 1 McCLELLAN CJ at CL: I agree with James J. 2 JAMES J: This is an appeal by the Commonwealth Director of Public Prosecutions pursuant to s 21E of the Crimes Act (Cth) against the inadequacy of a sentence imposed on the respondent Patrick Springer that was reduced because of the respondent's undertaking to cooperate with law enforcement agencies, on the ground that the respondent failed to cooperate in accordance with his undertaking. By virtue of s 68 of the Judiciary Act (Cth) certain provisions of the Criminal Appeal Act (NSW), including s 14A, apply to the hearing and determination of the appeal. 3 When the matter was called for hearing in this Court there was no appearance before the Court by the respondent or anyone on his behalf. Section 14A of the Criminal Appeal Act provides that a Crown appeal may be dealt with and the Court of Criminal Appeal may pass sentence, in the absence of the respondent to the appeal, if the Court is satisfied (a) that the respondent has been given notice of the date on which the appeal is to be heard and (b) it would not be unjust to deal with the appeal and pass sentence in the absence of the respondent. On the basis of evidence to which I will refer later in this judgment, I am satisfied that the respondent was given notice of the date on which the appeal was to be heard (13 May 2009) and that it would not be unjust to deal with the appeal and pass sentence in the absence of the respondent. Consequently, the Court can deal with the appeal and, if it decides to allow the appeal, pass sentence on the respondent.