A plea agreement between the Crown and defence can only bind the Crown to make submissions consistent with the agreement; it cannot bind the sentencing judge or be given greater weight than any other Crown submission. The Crown on appeal is not bound by concessions made at first instance, but should only depart from them where the understanding of relevant circumstances has changed or the concessions were not reasonably open. Where an accused maintains a not guilty plea at committal and offers to plead guilty to a lesser charge only shortly before trial, a discount of 25% will rarely be appropriate.
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