Post-sentence acceptance by police of a pre-sentence offer to cooperate constitutes fresh evidence within the Nguyen principles, warranting reopening of the sentencing discretion. The cooperation discount under s 5(2AB) of the Sentencing Act 1991 (Vic) is not confined to co-accused but extends to any offender who assists in the prosecution of a related offender. The Court of Appeal has power to receive undertakings to cooperate and to sanction breach through its inherent contempt jurisdiction, notwithstanding the absence of a specific statutory mechanism under the Criminal Procedure Act 2009 (Vic).
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