Page 58 - Magistrates Conference 2019
P. 58

The Sentencing Methodology Cont.






                                   STEP 3                         • (Where  appropriate)  a  discount  for  a  Guilty  Plea  -   any




                                                                       deviation from the usual discount requires particularly careful

                                                                       justification and an explanation which is clearly expressed.



                                                                  • “There is a long established principle that an early and/or non-

                                                                       tactical  plea  of  guilt  attracts  a  ‘discount’,  unless  there  is

                                                                       compelling  reason  to  deny  it”:  as  per  Justice  Weekes  in

                                                                       Alexander Don Juan Nicholas, Gregory Tan and Oren Lewis

                                                                       v The State Cr. App. Nos. 1-6 of 2013 at paragraph 57.




                                                                  • No  absolute  rule  as  to  what  the  discount  should  be,  but  as
                                                                       general  guidance,  an  order  of  one-third  would  be  an

                                                                       appropriate  discount  from  the  sentence  which  would

                                                                       otherwise  be  imposed  on  a  contested  trial:  see  R v.  Buffrey

                                                                       (1993) 14 Cr. App. R. (S.) 511, CA.


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