Area of Law – Sentencing

An Article about Discount for giving evidence against co-accused

Sentencing – Taking into account giving evidence against co-accused or as an informer
It is clearly an important sentencing issue that you have given evidence against the co-accused. The more important your evidence is in securing a conviction for the prosecutors the more credit you will get.

The Court need to, and do, recognize that a co-accused or informer places themselves at risk if they recieve a gaol term and that it may be more onerous because they will have to spend their time in protection.

The following is a case that has an extensive list of cases at schedule A that were taken into account in assessing the discount to be given to an informer in the Moran/Barbaro killing.

R v Hentschel [2005] VSC 6 (19 January 2005)

It is a matter of public policy that a person should be encouraged to plead guilty and also give evidence against other people who have committed crimes.

The amount of benefit you get for giving evidence depends on how soon you have indicated a willingness to give evidence and also how important it is in securing the conviction of the co-accused.

 

Date: 09/01/2009