Yang v The Queen

The appellant, Yang, was convicted of intentionally causing serious injury to another person and pleaded guilty. Yang was initially sentenced to imprisonment but the Director of Public Prosecutions (DPP) appealed the sentence on the basis that Yang breached an undertaking to give evidence against co-offenders. The Court of Appeal considered whether the breach of the undertaking warranted a harsher sentence. The appellant argued that the sentence should not be increased because the breach did not result in significant prejudice to the prosecution. The Court of Appeal had to decide whether the breach of the undertaking to testify against co-offenders warranted an increase in the sentence.

The Court of Appeal held that the breach of the undertaking did warrant an increase in the sentence. The court considered the principle established in Director of Public Prosecutions v Mann, which held that a breach of an undertaking to give evidence against co-offenders could result in an increased sentence. The Court of Appeal held that Yang’s breach of the undertaking was a serious matter because it had a significant impact on the prosecution’s case. The court found that the breach resulted in a significant delay in the trial and caused the prosecution to incur additional costs. The Court of Appeal concluded that the breach of the undertaking warranted an increase in the sentence.

Accordingly, the Court of Appeal allowed the appeal and re-sentenced Yang to a term of imprisonment with a non-parole period. The Court of Appeal held that the original sentence was manifestly inadequate and that an increased sentence was necessary to reflect the seriousness of the offence and the breach of the undertaking. The Court of Appeal noted that the re-sentence should also serve as a deterrent to others who might consider breaching an undertaking to give evidence against co-offenders. The Court of Appeal’s decision in this case reinforces the principle that a breach of an undertaking to testify against co-offenders can have serious consequences for the offender’s sentence.