Sentencing judges must not merely pay lip service to the discount for a guilty plea; if a judge notes an early plea but makes no further allowance or reference to a discount or notional head sentence, this may give rise to a perception that no discount was in fact allowed. For maliciously inflicting grievous bodily harm under s 35(1)(b) of the Crimes Act 1900, a notional starting point of three years was regarded as the minimum adequate head sentence where the offender continued a ferocious attack on a defenceless victim using a weapon, notwithstanding initial provocation by the victim.
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