The close temporal connection between receipt of a guilty plea and delivery of sentencing remarks does not, without more, satisfy the statutory obligation under s 33(1)(j) of the Crimes (Sentencing) Act 2005 (ACT) to consider the plea. An express reference, or at minimum an implied reference, to the plea is required in sentencing remarks. However, where a conviction is the appropriate order for driving whilst disqualified under s 32 of the Road Transport (Driver Licensing) Act 1999 (ACT), the automatic minimum disqualification under s 32(5) means no lesser penalty is available, and the error may not result in a different outcome on appeal.
The full text is available to signed-in members.