Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 6AAA

Sentence discount for guilty plea

6AAA. Sentence discount for guilty plea



(1) If-

   (a)  in sentencing an offender, a court imposes a less severe sentence than
        it would otherwise have imposed because the offender pleaded guilty to
        the offence; and

   (b)  the sentence imposed on the offender is or includes-

   (i)  an order under Division 2 of Part 3; or

   (ii) a fine exceeding 10 penalty units; or

   (iii) an aggregate fine exceeding 20 penalty units- the court must state
        the sentence and the non-parole period, if any, that it would have
        imposed but for the plea of guilty.

(2) If an offender is sentenced for more than one offence in the same
proceeding and subsection (1)(a) and (b) apply, the court must state, in
respect of any total effective period of imprisonment-

   (a)  the sentence; and

   (b)  the non-parole period, if any-

that it would have imposed but for the plea of guilty and need not state those
matters in respect of each offence.

(3) In the case of a sentence other than a sentence referred to in subsection
(1)(b), the court may state the sentence that it would have imposed but for
the plea of guilty.

(4) If the court makes a statement under this section, it must record or cause
to be recorded (whether in writing or in another form) in respect of each
offence and the total effective period of imprisonment, if any, the sentence
and the non-parole period, if any, that it would have imposed but for the plea
of guilty.

(5) For the purposes of this section, an aggregate sentence imposed in respect
of two or more offences is to be treated as a sentence imposed in respect of
one offence.

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