When the DPP appeals under s.567A(1A) of the Crimes Act 1958 (Vic) because an offender has failed to honour an undertaking to assist authorities, and the sentences fall to be quashed under s.567A(4A), the sentencing discretion is re-opened and the appellate court is at large. The reason for the failure to honour the undertaking is irrelevant to whether re-sentencing should occur. Double jeopardy considerations do not apply because the appeal arises from the offender's own default on an undertaking that procured sentencing credit. Events subsequent to the original sentencing, including assistance to authorities in unrelated matters and hardship suffered in prison, may be taken into account on re-sentencing.
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