Plea Negotiations and Sentencing

Abstract

Plea negotiations and sentencing are inextricably linked. While it is argued that sentencing is not a feature of Australian negotiations, this study found that discussions on sentencing are in fact a key component of negotiations. This chapter examines connections between various sentencing regimes, policies and negotiations. In particular, it examines the effect of mandatory and presumptive sentencing on plea negotiations; the use of sentence indications to encourage defendants to plead guilty (as an extension of the negotiation process); the role sentencing plays in discussions, including the effect of the High Court’s decision in Barbaro; and the requirement in Victoria that courts must state the sentence they would have imposed but for a guilty plea, as part of a transparent sentence discount process.