There is no fixed cap of 15% on the discount for assistance to authorities under s 23 of the Crimes (Sentencing Procedure) Act 1999 where a 25% discount for a guilty plea has already been given. The approach in R v Kumar & Feagaiga of treating 15% as the generally available scope for assistance discounts was rejected by the majority as misconceived. Neither cumulative nor consecutive application of multiple discounts is mandated to the exclusion of the other. The real issue is to avoid double counting and to ensure the resulting sentence is not unreasonably disproportionate under s 23(3). The NSWCCA remains divided on the preferred methodology for calculating multiple discounts.
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