Where a conspiracy to commit an armed robbery does not proceed and is redirected into a substantive armed robbery committed shortly afterwards using the same preparations, the conspiracy sentence should be demonstrably less than the substantive offence sentence to avoid double punishment. The principle in DPP v Fabriczy that there is no rule requiring conspiracy sentences to be less than substantive offence sentences does not preclude a lesser sentence where the overt acts of the conspiracy are substantially subsumed by the subsequent substantive offence.
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