The s 33 procedure for taking additional offences into account is not merely a device to clear the slate; the penalty must include recognition of the gravity of the additional offences by way of increased penalty. The phrase 'maximum penalty that the court could have imposed' in s 33(3) means the statutorily prescribed maximum, not the top of the sentencing range. The question whether any increase for s 33 offences should be quantified, and the extent of any discount for using the procedure rather than separate charges, remain unresolved.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
3 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.