EARLY GUILTY PLEAS ON SENTENCING IN NSW

Early guilty pleas can have a significant impact on the sentence provided to an offender. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best sentencing outcomes for clients who have pleaded guilty to criminal offences.

If you or anyone you know have been accused of or charged with a criminal offence, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.

THE SIGNIFICANCE OF AN EARLY GUILTY PLEA

One of the key moments in the process of a criminal matter is the decision as to whether to provide an early guilty plea. This decision and how early an offender decides to plead guilty is very likely to factor into sentencing considerations.

The utilitarian value or discount is generally the principle applied in considering a reduction for an early guilty plea and refers to a sentencing reduction provided in response to the value to the court of an early guilty plea, with the value considered in terms of factors such as a reduction in time, complexity, resources and expense.

Nevertheless, there are strict rules that govern the permissibility, calculation and extent of a reduction for an early guilty plea.

OFFENCES NOT DEALT WITH ON INDICTMENT

Section 22 of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires that for an offence not dealt with on indictment that an offender has pleaded guilty to, a court must take into account:

The fact that the offender has pleaded guilty, and
When the offender pleaded guilty or indicated an intention to plead guilty, and
The circumstances in which the offender indicated an intention to plead guilty,

and may accordingly impose a lesser penalty than it would otherwise have imposed.

However, a lesser penalty imposed under the above section must not be unreasonably disproportionate to the nature and circumstances of the offence.

GUILTY PLEAS TO INDICTABLE OFFENCES

Section 25D of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires the Court, in determining the sentence for an offence, 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.

The extent of the guilty plea discount, if any, varies and is dependent on the circumstances of the case, although can be as high as a 25% reduction. The case of R v Thomson and Houlton (2000) established that the utilitarian value of a plea to the criminal justice system should generally be assessed in the range of 10–25 per cent discount on sentence. The earlier the guilty plea, the likely greater utilitarian value of the plea, and generally the greater likelihood of a higher percentage reduction in sentencing.

Early Appropriate Guilty Plea

Under the Early Appropriate Guilty Plea reforms, the discount you receive for an offence committed to the District or Supreme Court of NSW will depend on when the plea is entered.

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 Judge of the Local Court 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.

The utilitarian value is considered greater the earlier the guilty plea, as there is a greater value to the justice system through the reduction in court time, expense and resources.

EARLY GUILTY PLEA INDEPENDENT OF OTHER SENTENCING FACTORS

There is a common misconception that the reduction in sentencing from an early guilty plea is primarily due to the early guilty plea reflecting remorse or rehabilitation. This is not the case. The reduction is primarily due to the utilitarian value of the guilty plea. The other factors are important considerations in sentencing too, although are generally established separately and are not the primary reason why the early guilty plea results in the reduction.

CAN I GET BAIL AFTER PLEADING GUILTY?

Yes, you may be granted bail after pleading guilty to a criminal offence. Our specialised criminal lawyers at Criminal Lawyers Group were awarded the top law firm in NSW for securing bail for our clients who have pleaded guilty to criminal offences.

CONTACT CRIMINAL LAWYERS GROUP NOW

If you or anyone you know have been accused of or charged with a criminal offence, contact our specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

Our award-winning team of criminal law specialists are nationally recognised for securing the best sentences for our clients across NSW who have pleaded guilty to criminal offences.