Where an offence falls within the 'worst category' warranting the maximum penalty, the gravity of the offending provides a discretionary reason to depart from commonly applied guilty plea discount ranges, and s 35(6) of the Crimes (Sentencing) Act 2005 (ACT) prevents the imposition of a lesser penalty that is unreasonably disproportionate to the nature and circumstances of the offence. In such cases, the absolute period of reduction may be more important than the percentage discount. A 10% discount on a worst category attempted murder offence, where the starting point was life imprisonment reduced to a fixed term of 30 years, was held to be within the proper exercise of discretion.
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