The voluntary disclosure of guilt (Ellis discount) falls within s 23(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), and accordingly within s 23(4), requiring the sentencing court to quantify the discount. Failure to do so is an error of law requiring resentencing. The constraint in s 23(3) against unreasonably disproportionate sentences will not generally be met by allowing a combined discount (plea plus assistance) of more than 50%, though in an appropriate case the combined discount could exceed 50%. Where delay in entering a guilty plea is caused by the need to obtain psychiatric assessments regarding fitness to stand trial, the extent to which that delay should reduce the plea discount was a matter on which the Court was divided.
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