A 20 per cent discount for assistance to authorities may be unreasonably disproportionate under s 23(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW) where the assistance is unrelated to the offences of conviction, largely corroborative of material already known to police, and does not lead to further arrests or charges, particularly where the offences are of high criminality. Where a discount for assistance already reflects the hardship of protective custody, it is an error to take the need for protection into account again as a basis for finding special circumstances.
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