Mackenzie, Geraldine (2007) The guilty plea discount: does pragmatism win over proportionality and principle? Southern Cross University Law Review, 11. pp. 205-223. ISSN 1329-3737
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Abstract
A discount in sentencing quantum is rroutinely provided to defendants who plead guilty to offences. This article examines the reasons for such a discount, and argues that there is little appropriate justification; and further that it creates, in effect, a penalty for defendants who exercise their right to trial. It is further argued that the existence of such a discount can provide an inappropriate incentive to enter a guilty plea for defendants who may otherwise have had a valid reason for exercising their right to trial.
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