An offender who provides useful information to authorities but subsequently withdraws from giving evidence retains entitlement to some mitigation under s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW), though the discount may be very small (approximately 5%). A sentencing judge must not use the sentence on one count to reflect overall criminality across all counts; each count must be sentenced on its own merits with accumulation and totality addressed separately. Judicial Commission statistics for drug supply offences may reflect systemic leniency and should not displace sentencing from first principles including the statutory maximum and the purposes of punishment.
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