An offender seeking a discount for assistance to authorities under s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW) bears the onus of establishing entitlement, and direct evidence from investigating police officers is needed to support findings about the state of the police investigation — absent such evidence, findings that police had no case without the offender's admissions are speculative and not open. The mandatory requirements of s 23(2) must be expressly addressed by the sentencing judge before any discount is allowed. Where a baby victim suffers catastrophic permanent brain damage from being shaken, the objective seriousness of recklessly causing grievous bodily harm is at the top of the mid-range.
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