The seriousness of the offence is not relevant to the assessment of the utilitarian value of a guilty plea under s 22 of the Crimes (Sentencing Procedure) Act 1999 (NSW). Where a guilty plea is delayed on legal advice in circumstances where the delay is explained by legitimate forensic considerations, the delay should not be held against the offender in assessing contrition. Where mental illness materially contributes to the commission of an offence, it may reduce moral culpability and moderate the call for denunciation and punishment, in addition to rendering the offender an inappropriate vehicle for general deterrence.
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