Plea of guilty, sentence may be reduced in case of
9AA Plea of guilty, sentence may be reduced in case of
In this section —
fixed term has the meaning given in section 85(1);
head sentence, for an offence, means the sentence that a court would have imposed for the offence if —
the offender had been found guilty after a plea of not guilty; and
there were no mitigating factors;
victim has the meaning given in section 13.
If a person pleads guilty to a charge for an offence, the court may reduce the head sentence for the offence in order to recognise the benefits to the State, and to any victim of or witness to the offence, resulting from the plea.
The earlier in the proceedings the plea is made, the greater the reduction in the sentence may be.
If the head sentence for an offence is or includes a fixed term, the court must not reduce the fixed term under subsection (2) —
by more than 25%; or
by 25%, unless the offender pleaded guilty, or indicated that he or she would plead guilty, at the first reasonable opportunity.
If a court reduces the head sentence for an offence under subsection (2), the court must state that fact and the extent of the reduction in open court.
This section does not prevent the court from reducing the head sentence for an offence because of any mitigating factor other than a plea of guilty.
[Section 9AA inserted: No. 42 of 2012 s. 4.]
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