On a Crown appeal against sentence based on breach of a cooperation undertaking, the appellate task is to determine whether the assumption or premise of cooperation has been falsified; neither the civil nor criminal standard of proof governs this inquiry. The concern with double jeopardy carries less weight in this context because an offender who seeks credit for a cooperation undertaking inherently submits to a degree of double jeopardy. However, prosecutorial delay in filing and serving the appeal remains a significant factor weighing against the grant of permission.
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