Under the s 10C regime of the Criminal Law (Sentencing) Act 1988 (SA), the strength of the prosecution case must carry less weight in deciding the discount for a guilty plea than it did under the previous sentencing approach. If a sentencing judge does not allow the maximum discount permitted by s 10C for a guilty plea entered within the relevant period, the judge must provide adequate reasons for the departure from the maximum. The utilitarian purpose of the scheme — encouraging early guilty pleas — requires that defence counsel and their clients be confident in their expectations of the advantage of an early plea.
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