In the ACT, sentencing courts must comply with s 37(2) of the Crimes (Sentencing) Act 2005 (ACT) when reducing sentences for assistance to law enforcement authorities under s 36, by stating the penalty that would otherwise have been imposed. The common law Ellis approach of treating assistance as a factor in instinctive synthesis does not satisfy this statutory requirement. The question of how subjective victim impact should be taken into account where it is not an element of the offence remains unresolved.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
3 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.