The principle in [name withheld] v The Queen, properly understood as a judicial confinement of the common law duty on the prosecution to assist the court, does not extend to submissions made on behalf of an offender as to the appropriate sentence. Defence counsel may make submissions suggesting an appropriate range or sentence, consistent with [name withheld] v The Queen. For guilty pleas entered at the criminal case conference stage in the ACT, the appropriate discount is generally in the range of 15 to 20 percent, and a 25% discount requires exceptional circumstances. The approach of working backwards from an effective sentence to a head sentence is inconsistent with proper sentencing methodology.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.