Under the current statutory framework following s 9AA of the Sentencing Act 1995 (WA), a plea of guilty is no longer assumed to be indicative of remorse; the offender bears the onus of establishing remorse on the balance of probabilities. Repeat offender status under s 401(4) of the Criminal Code (WA) can be taken into account as an aggravating factor under s 7(1) of the Sentencing Act, as it is analogous to a circumstance of aggravation. The strength of the prosecution case is directly relevant to the quantum of the guilty plea discount under s 9AA; a plea at the first reasonable opportunity does not entitle an offender to the maximum 25% discount.
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