The strength of the Crown case remains irrelevant to the utilitarian value of a guilty plea; it is relevant only to the evaluation of remorse. Where a sentencing judge reduces the utilitarian discount by reference to the strength of the Crown case, this constitutes identifiable error warranting appellate intervention. Sentencing judges should either quantify the guilty plea discount or clearly articulate the factors and principles applied in determining it. The voluntary production of incriminating evidence (such as submitting to a breath test) does not warrant additional discount where the offender was too intoxicated to exercise a meaningful choice and showed no contrition at the time.
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