Where an offender pleads guilty to both a conspiracy count and substantive offence counts pursuant to a negotiated presentment, separate convictions may be recorded provided the offences are distinct with different elements, and the sentencing judge does not take the conduct underlying the substantive counts into account when sentencing for the conspiracy. The recording of a conviction is itself punishment for the purposes of the double punishment principle. An offender who has entered into a plea agreement faces a very high threshold to appeal against conviction, and the integrity of the plea bargain process is a relevant consideration in determining whether to grant leave.
The full text is available to signed-in members, including the 32 later cases that cite this judgment.
5 of the 32 citing cases carry a classified treatment. How each court treated it is available to signed-in members.