R v Skuthorpe [2015] NSWCCA 140

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Skuthorpe [2015] NSWCCA 140 Hearing dates: Monday 4 May 2015 Date of orders: 17 June 2015 Decision date: 17 June 2015 Before: Hoeben CJ at CL at [1]; Hidden J at [2]; Beech-Jones J at [41] Decision: Appeal dismissed Catchwords: CRIMINAL LAW – appeal by Crown under s 5DA, Criminal Appeal Act on the basis that respondent failed to fulfil undertaking of assistance to authorities – respondent in evidence in sentence proceedings offered to give evidence against alleged co-offender – combined discount for plea of guilty and assistance – respondent failed to give evidence at co-offender's committal proceedings – whether promise to give evidence amounted to undertaking to assist authorities – failure of sentencing judge to comply with s 23(4), Crimes (Sentencing Procedure) Act – discretionary considerations arising from amount of discount and delay in bringing appeal Legislation Cited: Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Carriage [2009] NSWCCA 147 R v Douar [2007] NSWCCA 123 R v GD [2013] NSWCCA 212 R v KS [2005] NSWCCA 87 R v O'Brien (CCA, unreported, 10 June 1993) R v Stavropoulos [2007] NSWCCA 333 Category: Principal judgment Parties: Regina (appellant Crown) Luke Milsap Skuthorpe (respondent) Representation: Counsel: NJ Adams (appellant/Crown) H Cox (respondent)