Sentencing judges must take into account the utilitarian value of a guilty plea when sentencing for Commonwealth offences under s 16A(2)(g) of the Crimes Act 1914 (Cth), and failure to do so constitutes error warranting resentencing. The utilitarian value of the plea (saving court time and resources) is conceptually distinct from the subjective willingness to facilitate justice and from contrition/remorse, and sentencing judges must avoid double counting these related but distinct concepts. A strong prosecution case generally does not diminish the utilitarian value of the plea, though it may diminish the weight of the subjective willingness to facilitate justice. Where a material sentencing error is identified in relation to an extant sentence, an extension of time to appeal will normally be granted without requiring proof that the sentence would probably be varied.
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