The weight to be given to a plea of guilty is a matter for the sentencing judge, and the weight may be significantly reduced where the evidence against the accused is virtually incontrovertible, such as where video recordings of the offences exist.
Grove J, Greg James J
The absence of substantial injury under s 90A of the Crimes Act 1900 (NSW) is a matter of mitigation to be proved by the accused, not a matter of aggravation to be proved by the Crown. There is no impermissible duplication where evidence of injury is used both to deny the reduced maximum under s 90A and to establish a circumstance of aggravation for aggravated sexual assault. The weight to be given to a guilty plea may be significantly reduced where the evidence against the accused is virtually incontrovertible.
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