The standard form Stavropoulos undertaking to give evidence at 'any proceedings (including any appeal and re-trial)' extends to sentencing hearings, not merely trials. Time spent in immigration detention beyond the expiry of a non-parole period is a relevant consideration in the exercise of discretion on a Crown appeal under s 5DA of the Criminal Appeal Act 1912 (NSW). Where an offender's undertaking to assist has contributed to a co-offender's guilty plea, that benefit is not extinguished by the offender's subsequent failure to give evidence at the co-offender's sentencing.
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