R v X [2016] NSWCCA 265

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v X [2016] NSWCCA 265 Hearing dates: 25 November 2016 Date of orders: 09 December 2016 Decision date: 09 December 2016 Before: Ward JA at [1] Bellew J at [2] Hidden AJ at [62] Decision: 1. The Crown appeal is allowed.

2. The respondent is sentenced to imprisonment for a period of 6 weeks, commencing on 9 December 2016 and expiring on 19 January 2017. Catchwords: CRIMINAL LAW – Sentence – Appeal – Crown appeal arising from a breach by the respondent of an undertaking to assist the authorities by giving evidence – Where respondent appeared for sentence in relation to multiple counts of offending – Undertaking given by the respondent to assist the authorities in three separate matters – Where sentencing judge reduced the respondent's sentence on account of that undertaking - Where one of the matters which was the subject of the undertaking involved the respondent giving evidence for the Crown in accordance with a statement he had given to police – Where the respondent's evidence was at odds with parts of that statement – Breach of undertaking established – No basis upon which the Court should exercise its residual discretion not to intervene – Where the respondent's sentence had expired - Respondent sentenced to imprisonment for the period equating to the amount of the discount applied by the sentencing judge – Observations as to the importance of adhering to undertakings Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Evidence Act 1995 (NSW) Cases Cited: R v DV [2005] NSWCCA 319 R v Hammond [2001] NSWCCA 34; (2001) 121 A Crim R 1 R v James; James v R [2014] NSWCCA 311 R v KS [2005] NSWCCA 87 R v Shahrouk [2014] NSWCCA 187 R v Stavropoulos [2007] NSWCCA 333 Category: Principal judgment Parties: Regina – Appellant X – Respondent Representation: Counsel: S Dowling SC – Appellant P David – Respondent