Reduction of sentence for early guilty plea

Reduction of sentence for early guilty plea

The Sentencing Act 2017 (SA) sets out a scheme that provides for a reduction in sentence for early guilty pleas. This scheme was amended on 2 November 2020, with the maximum discounts available for an early guilty plea in the higher courts reduced. The criteria a court must have regard to when determining a percentage discount has also been expanded.

The legislated scheme provides for a reduction of sentence by up to 40% for early guilty pleas in the Magistrates Court [Sentencing Act 2017 (SA) s 39] and up to 35% (up to 25% for serious indictable offences) in the higher courts [s 40]. Under the early guilty plea discount scheme, the earlier the guilty plea is in the court process, the greater the potential reduction in sentence.

In determining the relevant reduction in sentence, the court can consider [ss 39, 40]:

the proportionality of the reduction of sentence as compared to the seriousness of the offence
the stage in the proceedings at which the defendant first indicated their intention to plead guilty
whether the defendant was initially charged with a different offence and whether negotiations occurred with the prosecution in relation to the additional offence(s)
in the case where a defendant has been charged with more than one offence, whether the defendant has pleaded guilty to the other offences
whether the defendant was made aware of any relevant matters which would have enabled them to plead guilty at an earlier stage
whether the defendant could not have reasonably pleaded guilty at an earlier stage because of circumstances beyond their control
whether 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, and if so, for how long the concealment lasted
whether the prosecution's case against the defendant is so overwhelming that a reduction in sentence by the contemplated percentage 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 is so lacking that a reduction in sentence by the contemplated percentage would be so inappropriate that it would, or may, affect public confidence in the administration of justice.

Section 41 of the Sentencing Act 2017 (SA) outlines the process the court must follow in applying sentencing reductions.

For an outline of the specific reductions available and at what stage in the proceedings they apply, see the Duty Solicitor Handbook chapter on Guilty Pleas.

Reduction of sentence for early guilty plea : Last Revised: Thu Apr 19th 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

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