The absence of any reference to actual consideration of the guilty plea in the course of sentencing should, as a general rule, lead to an inference that the plea was not given weight. However, there will be cases where other factors have the result that it can be inferred that the plea was taken into account.
Refshauge ACJ, North JJ
A sentencing judge's failure to refer to a plea of guilty in sentencing remarks will, as a general rule, lead to an inference that the plea was not given weight, constituting appealable error under ss 33 and 35 of the Crimes (Sentencing) Act 2005 (ACT).
No headnote yet — we'll generate the full structured AI headnote for you.
Generate the headnoteFree trial · no card required
Legal principles extracted from this case
Free trial — no card required
Cases considered by Thompson v R
Referred to (1)