Section 21E of the Crimes Act 1914 (Cth) applies to sentences accompanied by recognizance release orders, not only those with non-parole periods. The conventional 'double jeopardy' discount on Crown sentence appeals does not apply to re-sentencing under s.21E because the original sentence was not inadequate when imposed and the appeal arises from the offender's own conduct. Fear or apprehension about the consequences of giving evidence does not constitute a 'reasonable excuse' for failing to cooperate under s.21E where that very jeopardy was a factor in the original sentence reduction. The totality principle applies to the substituted sentence, requiring the court to take into account any sentence for contempt imposed for the refusal to testify.
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