Where a sentencing judge erroneously rejects evidence of assistance to authorities and the error is conceded on appeal, the appellate court must resentence under s 6(3) of the Criminal Appeal Act rather than simply restoring the original discount, particularly where additional material is before the court. Post-sentencing assistance to law enforcement authorities may be taken into account on appellate resentencing where error on the part of the sentencing judge has been established. There is no express requirement as to the form of evidence of assistance in s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
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