A sentencing court must quantify the discount for the utilitarian value of guilty pleas for Commonwealth offences in the same manner as for State offences, applying the principles in Xiao v R. Where the sentencing judge has already given unquantified credit for the pleas as part of instinctive synthesis, this must be taken into account when quantifying the discount on resentencing, which may result in only a small overall reduction. The amended s 16A(2)(g) Crimes Act 1914 (Cth) (from 20 July 2020) should be applied on resentencing as it codifies the Xiao v R approach.
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