A sentencing judge may not dismiss general deterrence as a factor in sentence assessment, notwithstanding academic debate about its efficacy; s 3A(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW) mandates its consideration. An offender's failure to seek a plea bargain to a lesser offence is not mitigatory when the offender acknowledges all elements of the offence charged. A discount for a plea of guilty for utilitarian value should not take into account remorse and like subjective matters.
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