Where an offender receives a sentencing discount under s 18A of the Criminal Law (Sentencing) Act 1988 (SA) for undertaking to give evidence against a co-accused and subsequently refuses to fulfil that undertaking, the Court of Criminal Appeal will re-examine the sentence to protect the integrity of the sentencing process. The High Court decisions in Bugmy and Munda, which arose under discretionary appellate provisions in New South Wales and Western Australia, do not support a residual discretion to decline to interfere on an otherwise meritorious prosecution appeal under the South Australian statutory framework.
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