A sentencing judge who awards less than the maximum guilty plea discount under s 10C of the Criminal Law (Sentencing) Act 1988 (SA) must articulate reasons for doing so, unless the reasons are so obvious or readily discernible from the transcript that articulation is unnecessary. Where a fresh Information is laid on the eve of trial but does not represent any significant alteration in the Crown's position, a discount substantially less than the maximum may be appropriate. Grouping offences by common discount rates risks distortion; it is preferable to structure sentences by reference to the relative seriousness of individual offences.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
4 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.