Where a criminal charge is amended by replacing the sole circumstance of aggravation with a different one, the amended charge is the 'relevant offence' for the purposes of the guilty plea discount under s 10C(2) of the Criminal Law (Sentencing) Act 1988 (SA), entitling the accused to a discount of up to 40 per cent calculated from the date of the amendment. This is distinguishable from R v Dwyer where one of two circumstances of aggravation was removed. However, the discretionary factors in s 10C(4) — particularly the stage at which the accused indicated an intention to plead guilty and the circumstances surrounding the plea — may substantially reduce the discount actually applied.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.