Past cooperation with law enforcement must be credited separately under s 9(2)(g), (i) and (q) of the Penalties and Sentences Act 1992, independently of any s 13A consideration for future cooperation. An indicative sentence that conflates past and future cooperation risks depriving the offender of credit already earned. The indicative sentence under s 13A(7)(b)(ii) forms part of the sentence appealable under s 668D(1)(c) of the Criminal Code, and the Court of Appeal may vary it. On appeal, the Court of Appeal should adopt a procedure analogous to s 13A, with sealed reasons containing the indicative sentence details.
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