An unaccepted offer to plead guilty to the offence of which an offender is ultimately convicted is a mitigating factor, but its weight depends on all the circumstances including the form and conditions of the offer, consistency with sentencing findings, and whether the offender pleaded guilty upon arraignment. A 20% discount for an offer that was conditional on facts inconsistent with the sentencing judge's findings, combined with a brief email that amounted to a mere 'sounding out', was manifestly excessive. The practice of crediting time served on remand rather than backdating a sentence in order to bring the term within the 60-month limit for conditional suspension under s 81(1) of the Sentencing Act 1995 (WA) constitutes an evasion of Parliament's intention. Manslaughter by excessive self-defence does not constitute a lesser category of manslaughter for sentencing purposes.
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