Clause 2(1) of Sch 1 to the Sentencing Legislation Amendment and Repeal Act 2003 (WA) applies to all sentences imposed after 31 August 2003, not merely to offences committed before that date. A sentencing judge who fails to state that a sentence has been reduced on account of a plea of guilty, as required by s 8(4) of the Sentencing Act 1995 (WA), commits an error warranting re-sentencing. It is not an error of law to specify the extent of the discount given for a plea of guilty; while instinctive synthesis remains the preferred approach following Markarian v The Queen, quantification of the allowance in simple cases does not of itself amount to error.
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