Where an offender is identified through DNA analysis after remaining silent about offences, the delay in sentencing does not attract the Todd principle in the absence of demonstrated prejudice. The maximum penalty of 14 years for s 112(1) offences remains a relevant sentencing indicator notwithstanding the observations in Ponfield about the breadth of the section. In cases of multiple offences, the approach of deriving a notional starting point by adding back the utilitarian discount and comparing it to the maximum penalty provides a distorted picture that fails to account for concurrency, accumulation, and parole periods.
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