Hessell v R [2009] NZCA 450, 2 October 2009

A guilty plea justifies a reduction in an otherwise appropriate sentence for three reasons: it relieves victims and witnesses of trauma, it avoids the need for a trial saving costs and reducing delays, and it generally indicates remorse or acceptance of responsibility.

“A guilty plea justifies a reduction in an otherwise appropriate sentence for three reasons. First, it relieves victims and witnesses of the trauma, stress, and inconvenience that is caused by a delay in resolving the case and by the trial itself, particularly the need to give evidence. Secondly, it avoids the need for a trial, with the attendant advantages of a reduction in court delays and cost savings. Thirdly, it generally indicates a degree of remorse. At the very least, it represents an acceptance of responsibility for the offending.”

As a general practice, sentencing judges should recognise a guilty plea by giving a discrete reduction, calculated as a proportion of the total sentence, as the final step in the sentencing process.

“For that reason, we recommend to trial judges, as a general practice, that they recognise the guilty plea by giving a discrete reduction to what the sentence would otherwise have been, such reduction to be calculated as a proportion of the total sentence that would otherwise be imposed. The extent of the reduction should depend on the stage in the proceedings at which a guilty plea is entered or at which the offender expresses a willingness to enter a guilty plea to the offence for which he or she is later convicted. The reduction should be made as the final step in the sentencing process; that is, after the appropriate sentence has been determined with reference to aggravating and mitigating factors relating to the offence and aggravating and all other mitigating factors relating to the offender.”

Remorse is generally inherent within a plea of guilty and does not normally justify a discrete allowance as a stand-alone factor. Only exceptional steps displaying remorse justify a further discount.

“A discount for remorse is, to some extent, automatically built in as part of the discount for a guilty plea. A guilty plea is, after all, viewed by the courts as an acknowledgement of wrongdoing by the offender, possibly a first step on the road to rehabilitation. Only exceptional steps displaying remorse justify a further discount.”

The 'first reasonable opportunity' to plead guilty is generally at the defendant's second court appearance. This date is not extended for reasons such as plea bargaining, challenging evidence, or awaiting a co-accused's actions.

“First reasonable opportunity means what it says. The maximum discount is appropriate only for those who are prepared to acknowledge their guilt at the outset. Those who would prefer to wait until they have full disclosure or have tested the admissibility of Crown evidence are fully entitled to stand on their rights. But they cannot expect the maximum discount if they do, as by asserting those rights they have effectively denied the State and their victims the full advantages an early guilty plea brings to them.”

The strength or weakness of the prosecution case is irrelevant for the purposes of calculating the appropriate discount for a guilty plea.

“We have therefore decided that the strength or weakness of the prosecution case is irrelevant for the purposes of calculating the appropriate discount. The sliding scale set out above therefore applies to all cases equally, regardless of whether conviction was inevitable or the defendant had an arguable case to run at trial.”

In murder cases where life imprisonment is imposed, a guilty plea should be recognised when setting the Minimum Period of Imprisonment (MPI), but the standard sliding scale does not apply; the amount of reduction is at the judge's discretion.

“It is desirable to recognise a guilty plea when setting a minimum period of imprisonment in conjunction with a life sentence for murder or with preventive detention. ... While [the] guideline may help to determine the appropriate reduction as applied to a minimum period of imprisonment, the amount of reduction is at the judge’s discretion.”