R v Dimakos (a pseudonym) [2018] NSWCCA 78

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Dimakos (a pseudonym) [2018] NSWCCA 78 Hearing dates: 23 April 2018 Decision date: 30 April 2018 Before: Hoeben CJ at CL at [1] Rothman J at [2] Button J at [6] Decision: (1)The sentence imposed by Judge Frearson SC on 2 February 2017 is quashed; (2)The respondent is sentenced to a non-parole period of one year, four months and two weeks, to commence on 2 February 2017 and conclude 15 June 2018, with a parole period of one year, four months and two weeks, to expire on 29 October 2019; (3)The respondent will be released to parole on 15 June 2018. Catchwords: CRIMINAL LAW – Crown appeal against sentence – s 5DA Criminal Appeal Act 1912 (NSW) – where respondent undertook to provide assistance by giving evidence against co-offender – sentencing judge allowed 9% discount for promised future assistance – respondent failed to give promised future assistance at trial of co-offender– whether respondent failed wholly or partly fulfil his undertaking – whether discretion not to increase sentence by removing discount should be exercised Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 23 Criminal Appeal Act 1912 (NSW), s 5DA Evidence Act 1995 (NSW), s 38 Cases Cited: R v MG [2016] NSWCCA 304 R v Pambris [2018] NSWDC 24 R v Shahrouk [2014] NSWCCA 87 Category: Principal judgment Parties: Regina Spiros Dimakos (a pseudonym) Representation: Counsel: F Veltro (Crown) M C Ramage QC (Respondent)