An overall discount of 80% aggregating the utilitarian value of a plea of guilty with an Ellis discount for voluntary confession is erroneous, as existing sentencing practice limits discounts for pleas encompassing all relevant matters to 35%. However, a combination of highly unusual and compelling subjective features — including voluntary confession making conviction inevitable, HIV-positive status, traumatic refugee background, and excellent rehabilitation — may justify a very significant and unusual measure of leniency that produces a sentence well below the usual range for robbery. The residual discretion in Crown appeals will be exercised where the offender's health has deteriorated, rehabilitation has progressed, and significant time has elapsed since completion of the custodial portion of the sentence.
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