Undoubtedly the strongest mitigator (i.e. reducer of punishment) known to the law is a plea of guilty. The earlier the plea is entered in the process, the better, but a benefit will flow to the offender so long as it is entered before going to trial. A plea of guilty at the first opportunity (sometimes referred to as a “fast-track” plea) can result in a reduction of 25% to 35% off the punishment. The theory behind giving such a high value to an early plea is that it typically evidences remorse on the part of the offender and it certainly saves precious resources that go into a trial as well as the trauma associated with victims and witnesses giving evidence.
Perhaps the only other mitigator that would come close to a plea of guilty is youth but, clearly, not all offenders have that going for them. Youth in the adult courts is generally 18 to mid-20s. However, not all offenders have a plea of guilty open to them either. In order to plead guilty to a charge, an accused person must accept that they committed the offence and did so substantially in the way alleged. If they do not accept that they committed it, then they must plead not guilty and have a trial. In WA, we do not recognise a plea of “no contest” like they do in America whereby an accused person can accept responsibility for a charge without admitting that they committed the offence. In WA, even if an accused person accepts that they committed the offence but not substantially in the way alleged, then they will often have a trial of the issues to determine the factual basis upon which they are to be sentenced by the court.
When open to an accused person, a plea of guilty is not to be passed up lightly. It is often the best thing that they will have going for them.
