R v MI [2018] NSWCCA 251

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v MI [2018] NSWCCA 251 Hearing dates: 1 August 2018 Decision date: 09 November 2018 Before: Gleeson JA at [1] R A Hulme J at [2] Button J at [3] Decision: (1) Crown appeal upheld. (2) The sentence imposed upon the respondent, MI, by Hunt DCJ on 16 September 2016, is quashed. (3) In substitution, the respondent is sentenced to a head sentence of imprisonment for 8 years, 1 month and 2 weeks with a non-parole period of 5 years, each to commence on 14 February 2015. Catchwords: CRIMINAL LAW – Crown appeal against sentence – s 16AC of Crimes Act 1914 (Cth) – applicant received discount for future assistance – whether applicant's failure to comply entire or partial – whether failure to comply with undertaking without reasonable excuse – review of authorities – no reasonable excuse for failure to comply – partial failure to comply with undertaking found – partial compliance effectively worthless – discretion exercised to remove entire discount for future assistance Legislation Cited: Crimes Act 1914 (Cth), ss 16A, 16AC Criminal Appeal Act 1912 (NSW) Criminal Code 1995 (Cth), ss 11.5, 307.11 Drugs Misuse and Trafficking Act 1985 (NSW), ss 24, 25 Local Courts (Criminal and Applications Procedure) Rule 2003 (NSW), r 12 Cases Cited: Director of Public Prosecutions (Cth) v Haunga [2001] VSCA 73; (2001) 4 VR 285 Director of Public Prosecutions (Cth) v Johnson [2012] VSCA 38 Director of Public Prosecutions (Cth) v Parsons (1992) 74 A Crim R 172 R v Chaaban [2006] NSWCCA 352 R v Cheun [2011] NSWCCA 5 R v Springer [2009] NSWCCA 144 R v Vo ; R v Tran [2006] NSWCCA 165 R v YZ [1999] NSWCCA 263 R v YZ [1999] NSWCCA 48, (1999) 162 ALR 265 Category: Principal judgment Parties: Regina (Appellant) MI (Respondent) Representation: Counsel: G Wright (Appellant) P Little (Respondent)