In Commonwealth sentencing proceedings governed by s 16A of the Crimes Act 1914 (Cth), a sentencing judge must take into account the utilitarian value of a plea of guilty, not merely its value as a willingness to facilitate the course of justice or as an indication of contrition. Failure to do so constitutes Xiao error warranting resentence. On resentence following Xiao error, the court must consider post-sentence evidence of rehabilitation, but general deterrence remains of 'chief weight' for drug importation offences.
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