To v The Queen

The applicant, To, sought special leave to appeal to the High Court of Australia against a decision of the Supreme Court of New South Wales (Court of Criminal Appeal). The core of the dispute concerned the assessment of the utilitarian value of a guilty plea for sentencing purposes, specifically whether an offender's post-offence and pre-arrest conduct should reduce this value. The applicant contended that such conduct should not diminish the discount afforded by a guilty plea.

The legal issue before the High Court was whether the utilitarian value of a guilty plea should be reduced by an offender's conduct after the commission of the offence but before their arrest. The applicant argued that the timing of the plea, in relation to the offence, arrest, or appearance before the court, was a critical factor in assessing this utilitarian value, and that there was no clear authority for the Commonwealth on what constitutes an "early" versus a "late" plea. Furthermore, the applicant challenged the sentencing judge's approach of comparing his progress through the court system with that of co-offenders, arguing this was unfair and contrary to the principle of individualised justice.

The High Court refused special leave to appeal. Their Honours determined that the application did not identify a question of principle suitable for the High Court's consideration. The Court noted that the relevant provision of the *Crimes Act 1914* (Cth) had since been repealed. Additionally, the Court concluded that, in the interests of justice, special leave to appeal should not be granted.