On a Director's appeal under s 291 of the Criminal Procedure Act 2009 for breach of an undertaking to give evidence, the Court of Appeal may have regard to the observations of the trial judge before whom the witness gave evidence, as the collateral evidence rule does not apply to the assessment of whether the undertaking was breached. The parity principle constrains resentencing even where a significant breach of undertaking is established, and an erroneous factual basis in the original sentence is a relevant consideration on resentencing.
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