Where a sentencing discount under s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW) is apportioned between past and future assistance, and the offender refuses to fulfil the undertaking for future assistance, the Crown may appeal under s 5DA of the Criminal Appeal Act 1912 (NSW) and the appropriate increase is the removal of the portion of the discount attributable to the unfulfilled future assistance only, leaving the discount for past assistance intact.
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