The Ellis discount for voluntary disclosure of involvement in an offence is now properly considered as one of the matters under s 23(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW), not as a separate common law discount. A sentencing judge is not required to address each s 23(2) subparagraph mechanically or under separate headings; it is sufficient if the reasons, read fairly and as a whole, demonstrate that each applicable matter was considered expressly or implicitly. The value of voluntary disclosure is diminished where the offender was identifiable through other means such as CCTV footage.
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