An undertaking to give evidence against co-offenders, particularly in serious matters such as murder, is ordinarily so important a factor that it requires direct and explicit treatment in sentencing remarks. Non-compliance with s.5(2AB) of the Sentencing Act 1991 (Vic) does not necessarily indicate that the undertaking was not taken into account, as the provision is a machinery provision concerned with process rather than substance. However, a failure to give appropriate weight to a critical sentencing factor such as an undertaking can itself reopen the sentencing discretion, even where the sentence falls within range.
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