Section 37 of the Crimes (Sentencing) Act 2005 (ACT) does not require the sentencing judge to expressly state the numerical starting point of the sentence before applying a guilty plea discount; stating the percentage discount with sufficient clarity to enable the starting point to be calculated is sufficient compliance. Sentences for aggravated choking offences in a family violence context should reflect the increased maximum penalty of 13 years' imprisonment introduced by the Family Violence Legislation Amendment Act 2022 (ACT), and comparative sentences imposed before the increase have limited utility as yardsticks.
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