Where an accused faces a charge of murder with manslaughter as a statutory alternative, the fact that the prosecution insists on murder and would not have accepted a plea to manslaughter does not necessarily mean the accused pleaded guilty at the 'first reasonable opportunity' when the plea is eventually entered mid-trial. However, the forensic prejudice of pleading guilty to the lesser charge while the more serious charge remains on foot is a relevant consideration in assessing whether the plea was late. A formal written 'without prejudice' offer to plead guilty at the earliest stage may assist in demonstrating the timing of the accused's willingness to plead.
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