Sentencing Act 2017

This section applies—

if the offence is a summary offence; or

if the sentencing court is sentencing in relation to a minor indictable offence that has been tried in the same way as a summary offence;

or

in any other circumstances prescribed by the regulations.

Subject to this section, if a defendant has pleaded guilty to an offence or offences—

not more than 4 weeks after the defendant's first court appearance in relation to the relevant offence or offences—the sentencing court may reduce the sentence that it would otherwise have imposed by up to 40%;

more than 4 weeks after the defendant's first court appearance in relation to the relevant offence or offences but—

if a date has been set for a trial for the offence or offences—not less than 4 weeks before that day; or

in any other case—before the commencement of the trial for the offence or offences, the sentencing court may reduce the sentence that it would otherwise have imposed by up to 30%;

less than 4 weeks before the day set for trial for the offence or offences, and if the defendant satisfies the sentencing court that the defendant could not reasonably have pleaded guilty at an earlier stage in the proceedings because of circumstances outside of the defendant's control—the sentencing court may reduce the sentence that it would otherwise have imposed by up to 30%;

in circumstances other than those referred to in a preceding paragraph—the sentencing court may, if satisfied that there is good reason to do so, reduce the sentence that it would otherwise have imposed by up to 10%.

If—

a maximum reduction available under subsection (2) does not apply in relation to a defendant's plea of guilty because the defendant did not plead guilty within the relevant period; and

the court is satisfied that the only reason that the defendant did not plead guilty within the relevant period was because—

the court did not sit during that period; or

the court did not sit during that period at a place where the defendant could reasonably have been expected to attend; or

the court did not list the defendant's matter for hearing during that period; or

the court was, for any other reason outside of the control of the defendant, unable to hear the defendant's matter during that period;

or

the prosecution was, for any reason outside of the control of the defendant, unable to finalise negotiations with the defendant in relation to the plea during that period, the court may nevertheless reduce the sentence that it would otherwise have imposed as if the defendant had pleaded guilty during the relevant period.

Without limiting subsection (3), if—

the maximum reduction available under subsection (2)(a) does not apply in relation to a defendant's plea of guilty because the defendant did not plead guilty within the period specified in that subsection (the designated period); and

the defendant pleads guilty no more than 14 days after the expiration of the designated period; and

the court is satisfied that the defendant was unable to obtain legal advice within the designated period as a result of—

the defendant residing in a remote location; or

the defendant leading an itinerant lifestyle; or

communication difficulties arising from the defendant being unable to speak reasonably fluent English, the court may nevertheless reduce the sentence that it would otherwise have imposed as if the defendant had pleaded guilty during the designated period.

In determining the percentage by which a sentence for an offence is to be reduced in respect of a guilty plea made within a particular period, a court must have regard to such of the following as may be relevant:

whether the reduction of the defendant's sentence by the percentage contemplated would be so disproportionate to the seriousness of the offence, or so inappropriate in the case of that particular defendant, that it would, or may, affect public confidence in the administration of justice;

the stage in the proceedings for the offence at which the defendant first indicated the defendant's intention to plead guilty (including whether it would, in the opinion of the court, have been reasonable to expect the defendant to have done so at an earlier stage in the proceedings);

whether the defendant was initially charged with a different offence in respect of the same conduct and whether (and at what stage in the proceedings) negotiations occurred with the prosecution in relation to the offence charged;

in the case where the defendant has been charged with more than

1 offence—whether the defendant pleaded guilty to all of the offences;

whether or not the defendant was made aware of any relevant matter that would have enabled the defendant to plead guilty at an earlier stage in the proceedings;

whether at any stage in the proceedings for the offence—

the defendant disputed the factual basis of the plea;

and

a hearing occurred in relation to the dispute; and

the dispute was not resolved in favour of the defendant;

if the prosecution satisfies the court that the defendant intentionally concealed the commission of the offence to which the defendant's sentence relates—that fact, and the period of time for which the concealment persisted;

whether the prosecution's case against the defendant (the assessment of which should ordinarily be made by reference to evidence in the form of an affidavit, or any other documentary evidence) is so overwhelming that a reduction of the defendant's sentence by the percentage contemplated would be so inappropriate that it would, or may, affect public confidence in the administration of justice;

whether any genuine remorse on behalf of the defendant for the commission of the offence is so lacking that a reduction of the defendant's sentence by the percentage contemplated would be so inappropriate that it would, or may, affect public confidence in the administration of justice, and may have regard to any other factor or principle the court thinks relevant.

For the purposes of this section, a reference to a defendant appearing in a court will be taken to include a reference to a person appearing in a court on behalf of the defendant.