R v Medd (a pseudonym) [2018] NSWCCA 36

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Medd (a pseudonym) [2018] NSWCCA 36 Hearing dates: 23 February 2018 Date of orders: 23 February 2018 Decision date: 14 March 2018 Before: Simpson JA at [1]; Fullerton J at [10]; McCallum J at [11] Decision: (1) Crown appeal allowed;

(2) Sentence imposed by the Court of Criminal Appeal on 10 November 2016 set aside;

(3) In lieu thereof, the respondent is resentenced to an aggregate sentence consisting of a non-parole period of 7 years and 4 months, commencing on 29 August 2013, and expiring on 28 December 2020, with a balance of term of 2 years and 6 months, which will expire on 28 June 2023. Catchwords: SENTENCING – appeal against sentence – informers – sentence reduced because of undertaking to assist law enforcement authorities – where informer refuses undertaking – whether sentence should be increased Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 5D, 5DA Crimes (Sentencing Procedure) Act 1999 (NSW), ss 22, 23, 53A Cases Cited: R v Medd (a pseudonym) [2016] NSWCCA 216 Category: Principal judgment Parties: Regina (Applicant) Medd (a pseudonym) (Respondent) Representation: Counsel: B Hatfield (Applicant) S Odgers SC (Respondent)

Solicitors: Office of the Director of Public Prosecutions (Applicant) Legal Aid NSW (Respondent) File Number(s): 2013/262792 Publication restriction: Non-publication of any information or material that may lead to the identification of the applicant (Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7) Decision under appeal Court or tribunal: Court of Criminal Appeal Citation: R v Medd (a pseudonym) [2016] NSWCCA 216 Date of Decision: 10 November 2016 Before: Beazley P; Garling J; Fagan J File Number(s): 2013/262792