A sentencing judge who invites and receives sworn undertakings from offenders to assist in the prosecution of co-offenders must give effect to those undertakings by imposing a lesser sentence and must comply with the announcement and recording requirements of s 5(2AB) of the Sentencing Act 1991 (Vic). Failure to do so constitutes a specific sentencing error warranting appellate intervention. However, a promise to give evidence against a co-offender is not a factor that necessarily leads to a reduced sentence in every case.
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