An error in the discount rate applied for an early guilty plea does not automatically require appellate intervention under s 353(4) of the Criminal Law Consolidation Act 1935 (SA) if the overall sentence, including the head sentence and non-parole period, remains within the area of discretion reserved to the sentencing judge. The difference between a 30% and 40% discount (here, two months on the head sentence) may be insufficient to warrant a different sentence where the non-parole period is merciful and the offending involves repeated breaches of court orders.
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