R v GD [2013] NSWCCA 212

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v GD [2013] NSWCCA 212 Hearing dates: 8 August 2013 Decision date: 13 September 2013 Before: Leeming JA at [1] R A Hulme J at [2] Button J at [3] Decision: (1) Crown appeal allowed. (2) Sentence imposed in the District Court on 4 November 2011 quashed. (3) On the single count on the indictment and taking into account the charge on the Form 1, the respondent is sentenced to imprisonment comprising a non-parole period of 4 years 9 months with a balance of term of 3 years. The sentence is to date from 18 October 2011. The non-parole period expires on 17 July 2016 and the total term expires on 17 July 2019. (4) The offender will be eligible for release on parole upon the expiration of the non-parole period on 17 July 2016. Catchwords: CRIMINAL LAW - Crown appeal against sentence - respondent received discount for late plea and assistance - respondent failed to fulfil undertaking with regard to future assistance - quantum of discount attributable to past and future assistance not specified - construing discount for plea of guilty and past assistance - Crown appealed allowed - respondent resentenced Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Cases Cited: LB v R [2013] NSWCCA 70 R v Gallagher (1991) 23 NSWLR 220 R v Perez-Vargas & Stevens (1986) 8 NSWLR 559; (1986) 25 A Crim R 194 Category: Principal judgment Parties: Regina (applicant) GD (respondent) Representation: Counsel: S Dowling (applicant) E Ozen, K Young (respondent) Solicitors: Solicitor for Public Prosecutions (applicant) Legal Aid NSW (respondent) File Number(s): 2009/259583 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-11-04 00:00:00 Before: Berman SC DCJ File Number(s): 2009/259853