Where an accused offers to plead guilty to manslaughter on a murder indictment, the Crown rejects the offer, and the jury convicts of manslaughter, the sentencing judge must give the accused the utilitarian benefit of the offer to plead guilty. The benefit extends to the utilitarian value of the plea (saving the State from calling witnesses and relieving witnesses of the burden of testifying), even though the accused technically did not plead guilty and does not fall within the precise terms of s 439 of the Crimes Act 1900 (NSW).
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