R v Z M N

(2002) 4 VR 537; [2002] VSCA 140

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Mitigation of penalty
4. › Co-operation with prosecuting authorities
5. › Assistance given before commission of offences
6. › Whether prisoner entitled to informer's discount
7. › Whether assistance in unrelated proceedings relevant to sentencing
1. Criminal Law
2. › Sentence
3. › Mitigation of penalty
4. › Protective custody
5. › Whether serving sentence in protection is a mitigating factor
6. › Whether source of need for protection increases entitlement to leniency
1. Criminal Law
2. › Sentence
3. › Armed robbery
4. › Whether sentence manifestly excessive
5. › Relevance of plea of guilty
6. › Relevance of extensive criminal history

Quick Take

A prisoner who has given assistance to prosecuting authorities in unrelated proceedings is not entitled to a formal 'informer's discount' but is entitled to have that assistance taken into account in mitigation, particularly through the increased burden of serving the sentence in protective custody. The entitlement to leniency for serving in protection is greater where the need for protection arises from assistance to authorities than where it arises from other causes. The fact that assistance was given before the commission of the offences being sentenced does not preclude it being taken into account.