A sentencing judge must sentence an accessory after the fact on the basis of the specific transactions charged, not on the basis of losses attributable to a broader scheme in which the accessory played no part. Where the Crown cannot identify the precise criminality attributable to the offender's conduct, the sentencing process is fundamentally flawed. 'Defraud' under s 176A of the Crimes Act 1900 (NSW) necessarily imports a loss to the victim. An unexplained disparity in the discount for guilty pleas between co-offenders constitutes sentencing error.
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