A Magistrate's failure to expressly refer to a guilty plea in sentencing remarks does not necessarily demonstrate a failure to take it into account as a mitigating factor under s 8(2) of the Sentencing Act 1995 (WA); the inference may be that the plea was given little weight, particularly where the offender was caught red-handed and had little sensible alternative but to plead guilty. Section 8(4) does not mandate a reduction in sentence for every guilty plea — it requires the court to state the fact of reduction only if a reduction is actually made because of the mitigating factor.
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