We believe that it should be left entirely to the discretion of the courts. there be a statutory provision that allows the court to impose a sentence that is less than a mandatory minimum sentence in cases where an offender enters a plea of guilty? We are strongly opposed to mandatory penalties. Where there are, those mandatory penalties should only be deviated from in exceptional circumstances. Making exceptional circumstances effectively conditional upon a plea of guilty will lead to further injustice. so, should it apply to all mandatory minimum sentences or should it only apply to mandatory minimum sentences that apply to indictable offences or some other category of offences or specific offence? See above there be any additional conditions that restrict the availability of the sentencing discount? No. the is able to provide a sentencing discount if an offender enters a plea of guilty to an offence attracting a mandatory minimum penalty with the result that the sentence would be below the mandatory minimum penalty, should an offender be entitled to the same discount as if the mandatory minimum penalty did not exist (that is, the usual discount scheme) or should it be a reduced discount? See answer to question 20 23. What issues do you see in relation to the imposition of a global sentence arising from the introduction of a statutory discount for a guilty plea? The introduction of a statutory discount for a guilty plea may be problematic in circumstances in A global penalty includes pleas of guilty but also findings of guilt; A global penalty includes early and late pleas of guilty; A global penalty includes some matters that were adjourned sine die without plea prior to the hearing of a more serious matter A model providing for a statutory discount for a guilty plea at fixed points in the court process may be exploited. For example, an accused may plead guilty at an early stage to minor charges but take more serious charges to hearing and then claim the early plea benefit for all charges. A model in which different sentences are required for an accused’s pleas of guilty and not guilty but where they are ultimately found guilty may serve to undermine the purpose of global sentencing.
We believe that it should be left entirely to the discretion of the courts. there be a statutory provision that allows the court to impose a sentence that is less than a mandatory minimum sentence in cases where an offender enters a plea of guilty? We are strongly opposed to mandatory penalties. Where there are, those mandatory penalties should only be deviated from in exceptional circumstances. Making exceptional circumstances effectively conditional upon a plea of guilty will lead to further injustice. so, should it apply to all mandatory minimum sentences or should it only apply to mandatory minimum sentences that apply to indictable offences or some other category of offences or specific offence? See above there be any additional conditions that restrict the availability of the sentencing discount? No. the is able to provide a sentencing discount if an offender enters a plea of guilty to an offence attracting a mandatory minimum penalty with the result that the sentence would be below the mandatory minimum penalty, should an offender be entitled to the same discount as if the mandatory minimum penalty did not exist (that is, the usual discount scheme) or should it be a reduced discount? See answer to question 20 23. What issues do you see in relation to the imposition of a global sentence arising from the introduction of a statutory discount for a guilty plea? The introduction of a statutory discount for a guilty plea may be problematic in circumstances in A global penalty includes pleas of guilty but also findings of guilt; A global penalty includes early and late pleas of guilty; A global penalty includes some matters that were adjourned sine die without plea prior to the hearing of a more serious matter A model providing for a statutory discount for a guilty plea at fixed points in the court process may be exploited. For example, an accused may plead guilty at an early stage to minor charges but take more serious charges to hearing and then claim the early plea benefit for all charges. A model in which different sentences are required for an accused’s pleas of guilty and not guilty but where they are ultimately found guilty may serve to undermine the purpose of global sentencing.
SACDiscountGuilty010618.docx