Section 10C(4)(a) (disproportionality/shock to public conscience) does not encompass the circumstances in which a plea is entered — it requires assessment of the discount against the seriousness of the offence and the particular defendant, not the plea's history. The circumstances of how pleas came to be made fall under s 10C(4)(c) (circumstances surrounding the plea). Where a defendant denies the offending, maintains not guilty pleas, and only negotiates shortly before trial before pleading to amended lesser charges, the utilitarian benefit is diminished and a reduced discount may be justified under s 10C(4)(c), even though the plea to the new charges was technically early under s 10C(2)(a).
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