Following Xiao v R, a sentencing judge's failure to refer to the utilitarian value of a guilty plea in federal sentencing proceedings constitutes error requiring the appellate court to exercise the sentencing discretion afresh. However, the appeal court may still dismiss the appeal if satisfied that no different sentence should have been passed. For drug importation offences involving couriers, good character and lack of prior criminal history attract only modest weight because persons with clear records are often selected as couriers to avoid suspicion.
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