Where a sentencing judge for Commonwealth offences did not take into account the utilitarian value of guilty pleas consistently with the pre-Xiao v R law, this constitutes demonstrated error warranting resentence. A 25% discount for the utilitarian value of early guilty pleas is appropriate where the charges are numerous and complex and a trial would have been lengthy. The amended s 16A(2)(g) Crimes Act 1914 (Cth) (from 20 July 2020) gives statutory effect to the utilitarian value principles from Xiao v R and Bae v R. For counterfeiting and identity fraud offences, general and specific deterrence remain significant sentencing factors, and the quantity and value of counterfeit notes, the degree of planning and organisation, and the use of false identity documents bear upon objective gravity.
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