Where there has been lengthy delay in sentencing attributable to both the Crown and the offender, it is unfair and erroneous for the sentencing judge to attribute the entirety of the delay to the offender and deny any benefit of the delay. An offender who provides assistance to authorities of limited value is 'eligible' for a discount under s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW), although not 'entitled' to one. Where bail is granted for rehabilitation purposes under or analogous to s 11, and there is no real prospect of a non-custodial sentence, the offender should be clearly told that rehabilitation will not avoid substantial full-time custody. A sentencing judge cannot assume that all intercepted telephone communications relate to criminal activity without evidence to that effect.
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