Where s 23 assistance to law enforcement authorities is not raised at first instance, the CCA will only entertain the argument on appeal if a miscarriage of justice is demonstrated. The significance and usefulness of an offender's assistance must be assessed against the strength of the Crown case that already existed independently of that assistance. A finding of special circumstances based on age for one co-offender, resulting in a different non-parole period, does not breach the parity principle.
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