Where the only evidence of penetration supporting a rape charge is the offender's own admission, and the victim's evidence would not have established penetration, a significant additional element of leniency beyond the guilty plea discount is warranted, applying R v Ellis. The degree of weight depends on the likelihood of the offence being discovered and guilt established without the admission. Depression at the time of offending reduces moral culpability under R v Verdins even where the offender was aware of the risk that depression increased the likelihood of reoffending, though the weight given to this factor is reduced where the offender failed to seek available treatment.
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