Failure by a sentencing judge to comply with s 13A(7) of the Penalties and Sentences Act 1992 by not stating the sentence that would have been imposed but for cooperation constitutes a miscarriage in the sentencing process, requiring the appellate court to re-exercise the sentencing discretion. For systematic employee fraud exceeding $1 million involving recruitment of others, a head sentence of nine years (reduced from the ten-year maximum) is appropriate before any discount for cooperation. A discount of approximately two years (roughly 22%) for substantial cooperation in prosecuting co-offenders, combined with a parole recommendation, may be sufficient to recognise cooperation while reflecting the gravity of the offending.
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