Threats and harassment in prison do not constitute exceptional circumstances justifying failure to fulfil an undertaking to assist law enforcement authorities, particularly where the original discount already accounted for the risk of custody. The s 6AAA declaration combining both the guilty plea discount and the informer's discount is subject to the same criticism of mathematical analysis as identified in Scerri. On re-sentencing for breach of undertaking, the Court is not bound by the original sentencing judge's notional starting point and may assess it as too high.
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