Where a sentence has been reduced under s 21E of the Crimes Act 1914 (Cth) for an undertaking to co-operate, and the offender partially fails to honour the undertaking, the court exercises a value judgment under s 21E(3)(b) to restore the sentence to an appropriate degree, having regard to all circumstances of the failure. The conventional discretionary considerations against allowing a Director's appeal where the respondent is at liberty do not apply to s 21E appeals, because such appeals arise from the respondent's own post-sentence conduct and involve restoration of the original sentence rather than alteration of it.
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