When a sentencing judge imposes a single penalty under s 18A of the Criminal Law (Sentencing) Act 1988 (SA) and s 10C prescribes different maximum discounts for the individual offences, the judge must identify notional starting sentences and discounts for each offence and explain how the single sentence was arrived at. Failure to do so vitiates the sentencing discretion. The offence of recklessly causing harm under s 24(2) of the Criminal Law Consolidation Act 1935 (SA) is not an alternative offence to intentionally causing harm under s 24(1) for the purpose of guilty pleas, and the statutory alternative verdict regime in s 25 does not apply to guilty pleas. The purpose of s 10C is best achieved by allowing discounts at or close to the maximum where the s 10C(4) criteria do not indicate otherwise.
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