The assessment of objective seriousness of an offence is reviewable only on House v The King principles, and an appellate court will not substitute its own view. A Crown prosecutor who, in response to a sentencing judge's invitation, submits that a proposed sentence would constitute appealable error — without specifying a numerical range — acts consistently with the duty recognised in CMB v Attorney General for NSW and does not offend the principle in Barbaro v The Queen. Participation in a police interview, without more, does not constitute cooperation with law enforcement for the purposes of sentencing mitigation under s 21A of the Crimes (Sentencing Procedure) Act 1999.
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