The utilitarian value of a guilty plea under s 22 of the Crimes (Sentencing Procedure) Act 1999 (NSW) must be taken into account separately from any assessment of remorse under s 21A(3)(i). Where a sentencing judge refers to a guilty plea only in the context of remorse and does not quantify or expressly take into account the utilitarian discount, and the magnitude of the sentence is consistent with no discount having been applied, an appellate court may infer that the discount was not applied, notwithstanding the general reluctance to draw such inferences against experienced sentencing judges.
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