The level of planning of an offence is an irrelevant consideration when determining the discount for a guilty plea under s 22 of the Crimes (Sentencing Procedure) Act 1999 (NSW); the relevant considerations relate only to the fact, timing and circumstances of the plea. There is a general expectation (though not a rule) that the maximum 25% discount will be applied where a plea is entered at the earliest available opportunity. The relevance of, and weight to be given to, mental illness in sentencing are matters of judgment and discretion in the circumstances of the particular case, and it would be at odds with sentencing principles to construct rules by reference to particular psychiatric diagnoses.
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