In the ACT, the utilitarian value of an early plea of guilty must be recognised independently of the strength of the prosecution case. Section 35(4) of the Crimes (Sentencing) Act 2005 (ACT), which limits significant reductions where the prosecution case is overwhelmingly strong, applies only to the contrition element of the discount, not the utilitarian element. A 10% discount may be inadequate for genuinely early pleas even where the prosecution case is overwhelming; a 20% discount was held appropriate in this case.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
3 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.