For Commonwealth offences, the utilitarian value of a guilty plea is an objective factor determined primarily by timing, and an early plea entered at the earliest reasonable opportunity will generally attract a 25% discount. The sentencing judge's assessment of the offender's remorse or lack thereof (a subjective factor under s 16A(2)(f)) must not be used to arithmetically reduce the utilitarian discount under s 16A(2)(g). Conflating these objective and subjective considerations constitutes 'Xiao error'. The new NSW committal procedure should be taken into account when assessing the utilitarian value of pleas by Commonwealth offenders committed under that scheme.
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