Where a sentencing judge makes adverse factual findings beyond the elements of the offence admitted by a guilty plea, those findings must be established beyond reasonable doubt by admissible evidence. A prosecutor cannot rely on the contents of co-offenders' police interviews or witness statements that are not in evidence to establish aggravating features. The assessment of the utilitarian value of a guilty plea remains discretionary and a 20% discount rather than 25% will not be disturbed absent demonstrated unreasonableness under House v The King principles.
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