Under s 36 of the Crimes (Sentencing) Act 2005 (ACT), voluntariness or willingness is essential to enlivening the discretion to award a sentencing discount for assistance to law enforcement authorities; evidence given solely under compulsion of a subpoena, without evidence of willingness, does not constitute 'assistance'. However, the issue of a subpoena is not necessarily determinative — where an offender has willingly provided a police statement and voluntarily undertaken to give evidence, the subsequent issue of a subpoena is merely incidental. The Director of Public Prosecutions is a 'law enforcement authority' within the meaning of s 36(1)(b). The question of whether voluntariness is a prerequisite (majority view) or merely a factor going to the extent of discount (dissenting view) remains a live issue that may be revisited.
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