A finding of Xiao error (failure to consider utilitarian value of a guilty plea for a Commonwealth offence) does not necessarily warrant a lesser sentence on resentencing where the discount given for other reasons was appropriate for the utilitarian value of the plea. A plea entered on the fourth day of a 40-day trial warrants a discount at the bottom of the range (10%). The lack of prospects of obtaining a lesser sentence on resentencing is a primary factor militating against an extension of time to appeal.
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