Where a sentencing judge for a Commonwealth offence provided a discount for willingness to facilitate the course of justice rather than for the utilitarian value of a guilty plea, this constitutes a Xiao error requiring resentence, even where the percentage discount was the same. The fact that the error and its remedy only became apparent following later appellate decisions (Xiao v R and Diaz v R) justifies an extension of time to appeal. Non-exculpatory duress remains a significant mitigating factor in sentencing for Commonwealth drug importation offences, though general deterrence retains importance.
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