Section 35 of the Crimes (Sentencing) Act 2005 (ACT) requires a sentencing court to advert to the issue of a guilty plea where it is considering imposing a sentence of imprisonment, even though the section confers a power rather than a duty to reduce sentence. However, failure to do so does not warrant allowing an appeal if the sentence is otherwise within range. Under s 218 of the Magistrates Court Act 1930 (ACT), sentences may be varied on appeal to backdate them to account for time served on remand during the appeal period.
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