Following the repeal of s 16G of the Crimes Act 1914 (Cth), the proper approach to sentencing federal offenders is to set a sentence meeting the requirements of s 16A(1) without giving a s 16G discount, but it is inappropriate to apply a bare arithmetic formula (such as a 50% increase) to the pre-repeal sentencing range. Care must be taken when referring to pre-repeal decisions or the Wong and Leung guideline range, as those were predicated on a s 16G discount. The discount for assistance to authorities customarily falls within 20 to 50%, and where both a plea discount and assistance discount are available, a combined (not compounded) discount is normally appropriate. Sentencing judges should quantify or at least indicate in general terms the extent of discounts given for pleas and assistance.
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