There is no statutory or common law requirement to take into account the timing of an offender's plea of guilty to, or acknowledgement of guilt of, Form 1 offences when assessing the utilitarian value discount for the primary offence. The discount for the utilitarian value of a plea of guilty must be assessed individually for each indicative sentence before the aggregate sentence is selected. Where the sentencing judge fails to discriminate between the procedural histories of different pleas, the sentencing discretion miscarries and resentencing is required.
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