Sentencing Act 2017

This section applies to a court sentencing a defendant for an offence other than an offence described in section 39(1).

If—

a defendant in any proceedings is pleading guilty to more than 1 offence; and

this section applies to at least 1 of the offences, this section will be taken to apply to all of the offences (despite section 39(1)).

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—

in the case of a serious indictable offence—up to 25%; or

in any other case—up to 35%; or

more than 4 weeks after the defendant's first court appearance in relation to the relevant offence or offences but on the day of, or before, the defendant's committal appearance in relation to the relevant offence or offences—the sentencing court may reduce the sentence that it would otherwise have imposed by—

in the case of a serious indictable offence—up to 15%; or

in any other case—up to 25%; or

during the period commencing on the day after the defendant's committal appearance in relation to the relevant offence or offences and ending immediately before the defendant is committed for trial for the offence or offences—the sentencing court may reduce the sentence that it would otherwise have imposed by—

in the case of a serious indictable offence—up to 10%; or

in any other case—up to 15%; or

during the period commencing immediately after the defendant is committed for trial for the relevant offence or offences and ending immediately after the first date fixed for the arraignment of the defendant in a superior court—the sentencing court may reduce the sentence that it would otherwise have imposed by—

in the case of a serious indictable offence—up to 5%;

in any other case—up to 10%; or

during the period commencing immediately after the first date fixed for the arraignment of the defendant in a superior court in relation to the relevant offence or offences and ending at the commencement of the defendant's trial for the relevant offence or offences—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 5%.

If—

a maximum reduction available under subsection (3) 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;

after the making of the charge determination (within the meaning of section 106 of the Criminal Procedure

Without limiting subsection (4), if—

the maximum reduction available under subsection (3)(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 indicated an 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

if the defendant satisfies the court that the defendant could not reasonably have been expected to plead guilty at an earlier stage in the proceedings because of circumstances outside of the defendant's control—that fact;

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;

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.

Where proceedings have been instituted in a superior court by the

In this section—

a serious offence of violence for which the maximum penalty prescribed is, or includes, imprisonment for at least 5 years; or

a serious sexual offence for which the maximum penalty prescribed is, or includes, imprisonment for at least 5 years; or

any other offence prescribed by the regulations for the purposes of this definition;

an offence under section 11, 13, 13A, 19A(1), 19AB(1), 23,

an offence under section 14 of the Criminal

an offence under section 19A(3) or 19AB(2) of the

an offence under a corresponding previous enactment substantially similar to an offence referred to in any of the preceding paragraphs;

an attempt to commit or an assault with intent to commit any of the offences referred to in any of the preceding paragraphs;

an offence under section 48, 48A, 49, 50, 51, 56, 58, 59,

an offence under a corresponding previous enactment substantially similar to an offence referred to in the preceding paragraph; or

an attempt to commit or an assault with intent to commit any of the offences referred to in either of the preceding paragraphs.