A sentencing judge cannot decline to apply a discount for the utilitarian value of an early guilty plea on the basis that the plea was 'a recognition of the inevitable'. The strength of the Crown case is relevant only to the contrition element of the discount, not the utilitarian element. The seriousness or circumstances of the offending do not guide the exercise of the discretion under s 22 of the Crimes (Sentencing Procedure) Act 1999 (NSW) as to whether to apply the guilty plea discount.
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