Pecuniary penalty orders against co-offenders must not in total exceed the total benefit received from the offending; in the absence of evidence of individual benefit, the total should be divided equally. The statutory requirement under s 5(2)(e) of the Sentencing Act 1991 (Vic) mandates that a plea of guilty be taken into account in every case, and the discount is not limited to cases where a willingness to facilitate the course of justice can be shown.
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