On a DPP appeal under s.567A(1A) of the Crimes Act 1958 for breach of an undertaking to assist the prosecution, the usual double jeopardy constraints on re-sentencing do not apply. However, the offender is to be re-sentenced only for the original offences and is not to be punished for the departure from the undertaking or the circumstances of that departure. A wholly suspended term of imprisonment may satisfy the need for general deterrence even for serious offending where the offender is youthful, played a lesser role, and has demonstrated good conduct.
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