---
title: "Guilty plea sentencing preparation checklist: purposes, s 21A factors, plea discount and subjective material (NSW)"
url: "https://ailawframework.com/precedents/criminal-law/guilty-plea-sentencing-preparation-checklist-nsw"
type: "precedent"
site: "AI Law Framework"
id: "a20-guilty-plea-sentencing-preparation-checklist-nsw"
area_id: "A20"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A20-B15-6", "A20-T1-R3"]
law_stated_as_at: "2026-10-18"
---

# 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…

Canonical page: https://ailawframework.com/precedents/criminal-law/guilty-plea-sentencing-preparation-checklist-nsw  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Criminal Law](https://ailawframework.com/precedents/criminal-law.md)
- Jurisdictions: New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 4 authorities it cites, for New South Wales.

## 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

- [Draft written submissions on a plea in the Local Court of New South Wales](https://ailawframework.com/practice/criminal-law.md#A20-B15-6)
- [Prepare a mitigation pack: character material and a facts-check list](https://ailawframework.com/practice/criminal-law.md#A20-T1-R3)

## 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

## Authorities

- [Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A (purposes of sentencing), s 5 (imprisonment only if no other penalty is appropriate)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1999-092)
- [Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A (aggravating, mitigating and other factors; remorse only if responsibility accepted and harm acknowledged; child sexual offence and self-induced intoxication rules)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1999-092)
- [Crimes (Sentencing Procedure) Act 1999 (NSW) s 22 (guilty plea in summary matters and indictable matters outside Div 1A)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1999-092)
- [Crimes (Sentencing Procedure) Act 1999 (NSW) Pt 3 Div 1A, ss 25A to 25F (mandatory discounts of 25%, 10% or 5% for offences dealt with on indictment; new count offences; refused offers)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1999-092)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/criminal-law/guilty-plea-sentencing-preparation-checklist-nsw and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*