Delay between arrest and sentence is not mitigatory where the defendant knew of their guilt, could have accelerated proceedings by indicating a guilty plea, and chose instead to remain passive. A defendant who exercises the right to silence is not penalised for doing so, but equally cannot benefit from the resulting delay. Offenders convicted of aggravated child pornography offences involving large volumes of material across all COPINE Scale levels can expect immediate custodial sentences with non-parole periods representing a substantial proportion of the head sentence.
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