Checklist · Criminal Law

Guilty plea sentencing preparation checklist: purposes, s 21A factors, plea discount and subjective material (NSW)

Checklist for preparing a NSW sentence hearing after a guilty plea: agreed facts, purposes of sentencing, s 21A aggravating and mitigating factors, the plea discount under s 22 or ss 25D and 25E, imprisonment as a last resort, and the subjective case and its evidence.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for New South Wales.
Version
1
Source
Written for this library

When to use it

Use once a client has instructed the firm to plead guilty in the Local Court, District Court or Supreme Court of NSW, to plan the evidence and submissions for sentence. Use it with the sentencing submissions precedent and the character referee guidance letter in this library, which it does not replace.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may organise the agreed facts, history and subjective material into the checklist and list factors the material may engage; the lawyer decides which factors are argued, the discount and what evidence is tendered.

AI may

  • Set out the agreed facts and the criminal history against each s 21A factor they may engage, with references, for the lawyer to assess
  • Calculate the plea timing against the discount rules from the court dates, for the lawyer to confirm
  • List the subjective material held and missing (reports, references, employment, treatment), with dates

AI must not

  • Must not write character references, the client’s letter of apology or any statement the client signs
  • Must not decide the applicable discount or whether a factor is made out
  • Must not suggest comparable sentences or authorities that the lawyer has not checked
  • Must not process the brief, the history or medical reports in a tool outside the firm’s approved environment

The lawyer checks

  • The agreed facts were settled with the prosecutor and the client confirmed them before they were handed up
  • The discount regime is right: s 22 for summary matters and indictable matters outside Div 1A, ss 25D and 25E for offences dealt with on indictment
  • Remorse is put only where the evidence shows the client accepted responsibility and acknowledged the harm or made reparation (s 21A(3)(i))
  • Every report and reference tendered was checked for accuracy, and any character reference is in the referee’s own words

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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