Where a sentencing judge finds that an offender has provided assistance to authorities within the meaning of s 23(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the judge must have regard to the mandatory considerations in s 23(2) whether or not the judge ultimately decides to impose a lesser penalty. Voluntary disclosure of information not available to the Crown may constitute assistance under s 23 even where the Crown is already aware of the offence and the offender has been charged. A ground of appeal that a sentencing judge failed to give 'sufficient weight' to a factor is not a proper ground of appeal.
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