Queensland Consolidated Acts

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PENALTIES AND SENTENCES ACT 1992 - SECT 13

Guilty plea to be taken into account

13 Guilty plea to be taken into account

(1) In imposing a sentence on an offender who has pleaded guilty to an offence, a court—
(a) must take the guilty plea into account; and
(b) may reduce the sentence that it would have imposed had the offender not pleaded guilty.
(2) A reduction under subsection (1) (b) may be made having regard to the time at which the offender—
(a) pleaded guilty; or
(b) informed the relevant law enforcement agency of his or her intention to plead guilty.
(3) When imposing the sentence, the court must state in open court that it took account of the guilty plea in determining the sentence imposed.
(4) A court that does not, under subsection (2) , reduce the sentence imposed on an offender who pleaded guilty must state in open court—
(a) that fact; and
(b) its reasons for not reducing the sentence.
(5) A sentence is not invalid merely because of the failure of the court to make the statement mentioned in subsection (4) , but its failure to do so may be considered by an appeal court if an appeal against sentence is made.



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