Section 38(2)(b) of the Criminal Law (Sentencing) Act 1988 (SA), as enacted by the 2014 Amendment, does not apply retrospectively to offences committed before its commencement. For the purposes of the guilty plea discount under s 10C(2), the 'relevant offence' is the offence to which the defendant pleaded guilty, and a defendant's first appearance 'in relation to' that offence occurs only when the defendant could have pleaded guilty to it — which, for recklessly causing harm when charged with intentionally causing harm, is when the new information is laid, not when the defendant first appeared on the original charge.
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