A failure to have regard to the utilitarian value of a guilty plea when sentencing for a Commonwealth offence constitutes Xiao error warranting leave to appeal, but the appeal will be dismissed where the overall discount already applied (here 50% for plea and assistance combined) is appropriate on re-sentencing. A pre-committal guilty plea to a Commonwealth offence warrants a 25% discount for utilitarian value. An acknowledgement of willingness to facilitate justice is not relevant to the utilitarian value of a plea.
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