The strength of the prosecution case is irrelevant to the discount for the utilitarian benefit of a guilty plea; it does not bear on the objective benefits of the plea. A plea of guilty to a lesser charge cannot properly be characterised as 'late' where the prosecution maintained a more serious charge until the day before the plea. The Court identified six indicia for assessing the gravity of ICSI offences and signalled that a guideline judgment under s 6AC of the Sentencing Act 1991 (Vic) may be warranted given wide sentencing variation.
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