R v Aan

[2010] QCA 313

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Federal offences
4. › Bankruptcy offences
5. › Obtaining goods or services without disclosing bankruptcy
6. › Sentence of imprisonment
7. › Whether manifestly excessive
8. › Bankruptcy Act 1966 (Cth), s 269(1)(ac)
9. › Crimes Act 1914 (Cth), ss 16A(2)(h), 16F
1. Criminal Law
2. › Sentencing
3. › Discount for assistance to law enforcement
4. › Informers
5. › Fresh evidence of cooperation not before sentencing judge
6. › Whether sentence should be reduced
1. Criminal Law
2. › Appeal
3. › Sentence appeal
4. › Fresh evidence on appeal
5. › Whether fresh evidence should be received
6. › Whether unusual circumstances justified non-disclosure at sentence

Quick Take

Where an offender has provided significant assistance to law enforcement but was unable to disclose this at sentence due to police instructions to maintain confidentiality, the Court of Appeal will receive fresh evidence of that assistance and reduce the sentence accordingly. The case confirms that substantial discounts for informer cooperation apply to Commonwealth bankruptcy offences.