A sentencing judge is entitled to treat as a material factor going to the quantum of a cooperation discount whether the fact of cooperation is known or likely to become known. Other things being equal, actual risk (where cooperation is known) warrants a greater discount than potential risk (where cooperation is unknown). The fact that an offender is not giving evidence against others is a legitimately critical factor bearing on both the benefit of the assistance and the risk to the offender. A complaint about the inadequacy of a cooperation discount can only be addressed as a particular of manifest excess.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
3 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.