R v Dagg (a pseudonym) [2019] NSWCCA 132

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Dagg (a pseudonym) [2019] NSWCCA 132 Hearing dates: 14 June 2019 Date of orders: 14 June 2019 Decision date: 21 June 2019 Before: Leeming JA; Davies J; Button J Decision: Appeal dismissed Catchwords: CRIMINAL LAW – Crown appeal against sentence – Criminal Appeal Act 1912 (NSW), s 5DA – discount on sentence due to undertaking to provide future assistance – assistance not provided – whether undertaking extended to assisting at sentencing of co-offender – effect of respondent being held in immigration detention after being entitled to be released on parole – where effect of discount was 78 days, of which 61 days had been served in immigration detention – where undertaking contributed to co-offender's guilty plea – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 94, 95, 192E Crimes (Administration of Sentences) Act 1999 (NSW), s 158 Criminal Appeal Act 1912 (NSW), s 5DA Evidence Act 1995 (NSW), s 38 Migration Act 1958 (Cth), s 254 Cases Cited: R v Dimakos (a pseudonym) [2018] NSWCCA 78 R v Stavropoulos [2007] NSWCCA 333 Category: Principal judgment Parties: Regina (Appellant) Dagg (a pseudonym) (Respondent) Representation: Counsel: K Ratcliffe (Appellant) N Steel (Respondent)

Solicitors: Solicitor for Public Prosecutions (Appellant) C Hunter (Respondent) File Number(s): 2017/00232719 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: Nil Date of Decision: 11 September 2018 Before: Her Honour Judge Noman SC File Number(s): 2017/00232719