The acquittal of a co-accused for an unrelated reason is irrelevant to the assessment of an offender's failure to cooperate under s 16AC of the Crimes Act 1914 (Cth); the public policy rationale for the cooperation discount does not lose force because the co-offender was acquitted. The [name withheld] categories remain useful as a reference tool but must not be used as a substitute for instinctive synthesis of all relevant circumstances. The interaction between s 16AC(2) statements and s 6AAA statements remains problematic, with the Court questioning whether the approaches in [name withheld] and [name withheld] are compatible — a question left open.
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