Where the prosecution case against an offender is only overwhelming because of the offender's own frank admissions, the full 25% guilty plea discount should be maintained through the combined operation of ss 35 and 36 of the Crimes (Sentencing) Act 2005 (ACT). This principle has added force in drug overdose cases given the public interest in encouraging disclosure to emergency services. Manslaughter by consensual drug administration is a distinct sentencing category for which sentences imposed for diminished responsibility, criminal negligence, or unlawful assault manslaughter provide no guidance. Mental illness and cognitive disability that compromise an offender's capacity to appreciate risk reduce moral culpability even where there is no causal connection between the mental condition and the offending act itself.
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