A statement made by an offender to authorities on a promise that the information will not be used against the offender may be admitted in sentencing proceedings on a restricted basis — for the purpose of demonstrating assistance to authorities but not for use against the offender. The Crown should not tender such a statement over the offender's objection. The offender has autonomy over what evidence of mitigation is put before the sentencing court. Where assistance to authorities is extensive, the offender is at personal risk and in protective custody, and has given evidence at trial, a discount towards 50 per cent is appropriate; the benefit to the offender of an undertaking not to prosecute for other matters should not significantly reduce the discount.
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