Where an offender enters a fast-track plea on some counts and early (but not fast-track) pleas on others, the sentencing court must allow separately for each, and a uniform discount across all counts is erroneous. Confiscation of an offender's property unconnected to the proceeds of crime under the Criminal Property Confiscation Act 2000 (WA) constitutes a significant additional punishment that must be taken into account as a mitigating factor in sentencing; s 8(3) of the Sentencing Act 1995 (WA) only excludes mitigation for property derived from the commission of the offence. Where an offender undertakes to assist law enforcement authorities, the court must state the fact and extent of the reduction, and failure to allow for promised future co-operation is an error of law.
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