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CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 25D
Sentencing discounts for guilty plea for offences dealt with on indictment
25D Sentencing discounts for guilty plea for offences dealt with on indictment
(1) Mandatory nature of sentencing discount In determining the sentence for an
offence, the court is to apply a sentencing discount for the utilitarian value
of a guilty plea in accordance with this section if the offender pleaded
guilty to the offence at any time before being sentenced.
(2) Amounts of
sentencing discounts The discount for a guilty plea by an offender (other than
an offender referred to in subsection (3) or (5) or section 25E) is as
follows- (a) a reduction of 25% in any sentence that would otherwise have been
imposed, if the plea was accepted by the Magistrate in committal proceedings
for the offence,
(b) a reduction of 10% in any sentence that would otherwise
have been imposed, if the offender was committed for trial and the offender-
(i) pleaded guilty at least 14 days before the first day of the trial of the
offender, or
(ii) complied with the pre-trial notice requirements and pleaded
guilty at the first available opportunity able to be obtained by the offender,
(c) a reduction of 5% in any sentence that would otherwise have been imposed,
if paragraph (a) or (b) does not apply.
(3) Discount variations-new count
offences The discount for a guilty plea by an offender in respect of a new
count offence is as follows- (a) a reduction of 25% in any sentence that would
otherwise have been imposed, if an offer to plead guilty was made by the
offender and recorded in a negotiations document as soon as practicable after
the ex officio indictment was filed or the indictment was amended to include
the new count,
(a1) a reduction of 25% in any sentence that would otherwise
have been imposed, if- (i) the offender was discharged under section 68(2)(a)
of the Criminal Procedure Act 1986 , and
(ii) an offer to plead guilty was
made by the offender and recorded in a negotiations document as soon as
practicable after the ex officio indictment was filed or the indictment was
amended to include the new count,
(b) a reduction of 10% in any sentence that
would otherwise have been imposed, if paragraph (a) or (a1) does not apply and
the offender- (i) pleaded guilty at least 14 days before the first day of the
trial of the offender, or
(ii) complied with the pre-trial notice
requirements and pleaded guilty to the offence at the first available
opportunity able to be obtained by the offender,
(c) a reduction of 5% in any
sentence that would otherwise have been imposed, if paragraph (a), (a1) or (b)
does not apply.
(4) However, the discount in subsection (3) (a) does not
apply if- (a) the facts or evidence that establish the elements of the new
count offence are substantially the same as those contained in the brief of
evidence or other material served on the offender by the prosecutor in
committal proceedings relating to the original indictment and the penalty for
the new count offence is the same as, or less than, the offence set out in the
original indictment, or
(b) the offender refused an offer to plead guilty to
the new count offence that was made by the prosecutor in the committal
proceedings relating to the original indictment and the offer was recorded in
a negotiations document.
(5) Discount variations-person found fit to be tried
after committal for trial The discount for a guilty plea by an offender who is
found fit to be tried after the offender is committed for trial, and whose
matter was not remitted to a Magistrate for continued committal proceedings,
is as follows- (a) a reduction of 25% in any sentence that would otherwise
have been imposed, if the offender pleaded guilty as soon as practicable after
the offender was found fit to be tried,
(b) a reduction of 10% in any
sentence that would otherwise have been imposed, if paragraph (a) does not
apply and the offender- (i) pleaded guilty at least 14 days before the first
day of the trial of the offender, or
(ii) complied with the pre-trial notice
requirements and pleaded guilty at the first available opportunity able to be
obtained by the offender,
(c) a reduction of 5% in any sentence that would
otherwise have been imposed, if paragraph (a) or (b) does not apply.
(6)
Opportunities for legal help to be taken into account For the purpose of
determining under subsection (3) or (5) whether the offender pleaded guilty as
soon as practicable after an ex officio indictment was filed or the original
indictment was amended or after a finding of fitness to be tried, the court is
to take into account whether the offender had a reasonable opportunity to
obtain legal advice and give instructions to his or her legal representative
(if any).
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