The Court held that there is no requirement under Commonwealth sentencing law (s 16A(2)(h) Crimes Act 1914) to provide a discrete and quantified discount for past cooperation with law enforcement; it is sufficient for the sentencing judge to state that the assistance has been taken into account. The Court drew an important distinction between Commonwealth and NSW state sentencing regimes, noting that s 23(4) of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires quantification of assistance discounts for state offences, whereas Commonwealth law only requires quantification for future assistance undertakings under s 16AC. The Court also held that a sentencing judge's reference to JIRS statistics as a 'blunt instrument' of limited utility does not indicate an impermissible two-tiered approach inconsistent with instinctive synthesis.
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