(1) 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 —
(a) the
offender had been found guilty after a plea of not guilty; and
(b)
there were no mitigating factors;
victim has the meaning given in section 13.
(2) 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.
(3) The earlier in the
proceedings the plea is made, the greater the reduction in the sentence may
be.
(4) If the head
sentence for an offence is or includes a fixed term, the court must not reduce
the fixed term under subsection (2) —
(a) by
more than 25%; or
(b) by
25%, unless the offender pleaded guilty, or indicated that he or she would
plead guilty, at the first reasonable opportunity.
(5) 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.
(6) 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.]
[Heading inserted: No. 49 of 2012 s. 181(2).]