How Assistance to Authorities Was Reflected in Sentence Reduction
In criminal sentencing, small details can make a major difference. One such detail is whether a defendant assisted authorities after committing an offence. The case of Denniss v R [2025] NSWCCA 110 is such an example.
This article, prepared by Blacktown Criminal Lawyers, breaks down exactly how the court treated the appellant’s early disclosure to police—and why that act ultimately reduced his sentence on appeal.
Background: A Brutal Offence and a Lengthy Sentence
In the early hours of 30 August 2022, the appellant violently attacked a hotel night manager in Wollongong. The assault was prolonged, unprovoked, and left the victim with catastrophic, life-altering injuries, including permanent brain damage and cognitive dysfunction.
The appellant was charged with causing grievous bodily harm with intent, under section 33(1)(b) Crimes Act 1900 (NSW). He pleaded guilty in the Local Court and was sentenced in the District Court to 10 years and 6 months imprisonment, with a non-parole period of 7 years.
At the time of sentencing, the court did apply a 25% discount for his guilty plea.
The appellant brought a sentence appeal to the NSW Court of Criminal Appeal, arguing that the sentencing Judge failed to consider his disclosure to Police after the offence as “assistance to authorities” under section 23 Crimes (Sentencing Procedure) Act 1999 (NSW).
Roughly 40 minutes after the attack, the appellant had voluntarily walked into Wollongong Police Station, told a sergeant, “I’ve murdered someone,” and explained where the victim could be found. Police immediately attended the hotel and discovered the severely injured victim, who was later placed in a medically induced coma.
The appeal argued that this disclosure was not only evidence of remorse, but also practical assistance to Police that accelerated the victim receiving emergency help—and reduced the burden on investigators.
The Appeal Decision
According to our Criminal Lawyers in Blacktown, the majority in the NSW Court of Criminal Appeal upheld the sentence appeal finding that the sentencing proceedings miscarried due to non consideration of the appellant’s post offence conduct.
Justice Sweeney (with Garling J agreeing) held that:
“…. the applicant’s telling the police officer, shortly after he arrived at the police station, that he had “murdered someone” and bashed someone, was evidence of remorse and was assistance to police, which enabled the victim to receive more timely attention, of which he was clearly in need, as shown in the CCTV footage, than if the applicant had not given that information to police” [at 80].
This assessment meant that the appellant qualified for a further sentencing discount.
In contrast, Adamson JA provided a dissenting judgement and proposed that the appeal be dismissed.
Result: Sentence Reduced by 7.5% for Assistance to Authorities
Once the Court determined that the sentencing proceeding had fell into error by failure to consider the appellant’s assistance, it proceeded to resentence him. The majority applied a 7.5% discount specifically for his assistance to the authorities.
The original sentence of 10 years and 6 months (non-parole: 7 years) was quashed and replaced with a sentence of 9 years (non-parole: 6 years).
According to our Blacktown Criminal Lawyers, while a 7.5% discount may appear modest, in practical terms—as this case shows—it resulted in a significant reduction in the time the appellant will spend in custody.
If you’re facing sentencing or an appeal, contact our criminal lawyers in Blacktown for experienced legal service.
