When sentencing for a principal offence with Form 1 offences taken into account under s 33 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the sentencing judge may have regard to the additional criminality of the Form 1 offences in fixing the sentence for the principal offence, using the 'bottom up' approach. The approach of Adams J in Dionys and Calcutt — which would confine the effect of Form 1 offences to considerations of personal deterrence and retribution for the principal offence without regard to the criminality of the Form 1 offences — is not the correct approach. A discount of 12.5% for assistance to authorities that secured guilty pleas from 16 co-accused and placed the offender at personal risk was held to be inadequate; 35% (combined with plea discount) was substituted.
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