The maximum sentencing reductions for early guilty pleas under s 40(3) of the Sentencing Act 2017 (SA) are not entitlements; they are potential reductions the extent of which depends on the exercise of a broad sentencing discretion informed by all relevant considerations including s 40(5)(a). A sentencing judge is not bound by the 'utilitarian approach' to apply the maximum reduction. The strength of the prosecution case, the absence of genuine remorse, and the seriousness of the offending are all relevant to moderating the reduction below the maximum. In cases of extremely serious offending, the reduction may properly fall within the band applicable to a later stage of proceedings.
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