The extent of the Ellis discount for voluntary disclosure must be calibrated to the extent of the revelation: where only the element of intention (not the offence itself or the offender's identity) is voluntarily disclosed, the degree of leniency is correspondingly reduced. Mental illness that constitutes a major cause of the offence reduces moral culpability and the relevance of general and personal deterrence, but the protection of society remains a relevant sentencing consideration provided the sentence does not exceed what proportionality will bear. The question whether pre-sentence custody 'in relation to the offence' under ss 24 and 47(3) of the Sentencing Procedure Act extends to custody following parole revocation for the new offence remains unresolved.
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