An offender's failure to identify co-offenders to police may be relevant to contrition and rehabilitation where the offender's case on those issues rests on cessation of contact with criminal associates. However, the offender's refusal to name co-offenders when directly questioned by the sentencing judge in open court involves different considerations and should not be taken adversely into account. Sentencing judges should not pose imprecise hypothetical criminal scenarios to offenders where any answer would be prejudicial.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.