An oral offer in evidence during sentence proceedings to give evidence against a co-offender can constitute an 'undertaking to assist law enforcement authorities' within s 5DA(1) of the Criminal Appeal Act 1912, even without a written undertaking or police statement. However, the Court retains a discretion to refuse to intervene on a s 5DA appeal where there has been significant unexplained delay in bringing the appeal and where the sentencing judge failed to comply with s 23(4) of the Crimes (Sentencing Procedure) Act 1999 by not separately specifying the discount for assistance. Practitioners and sentencing judges must ensure compliance with s 23(4).
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