Under s 25D of the Crimes (Sentencing Procedure) Act 1999 (NSW), the mandatory sentencing discount is confined to the utilitarian value of the guilty plea alone. An offender's remorse (s 21A(3)(i)) and willingness to facilitate the administration of justice (s 22A) are conceptually distinct considerations that must be addressed separately in the instinctive synthesis, not rolled into the s 25D discount. In drug supply prosecutions arising from undercover operations where the drugs never existed, the non-existence of the drugs is not a mitigating factor.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
8 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.