Where an accessory after the fact fails to report the principal offender to police or refuses to divulge information, such conduct does not breach the De Simoni principle because s 315(3) of the Crimes Act 1900 (NSW) provides that mere failure or refusal to divulge information is not an offence under s 315, and accordingly the conduct cannot found a more serious charge. In aggregate sentencing, the sentencing judge is not required to explain how questions of accumulation and concurrence were resolved.
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