A finding of special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW) that results in only a minimal reduction of the non-parole period (approximately 6 weeks from a 5.5-year sentence) makes a mockery of the finding and constitutes a miscarriage of the sentencing discretion. A discount of 25 per cent for a guilty plea entered on the day of trial will only be permitted in exceptional circumstances; 15 per cent is the appropriate discount where the plea is entered on the day of trial with one month's prior notice to the Crown.
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