Where a negotiated plea results in charges less serious than the available facts would support, the agreed facts presented to the sentencing judge must conform with the elements of the charged offences and must not disclose a more serious offence. If there is an irreconcilable conflict between the agreed facts and the charges, the sentencing judge should draw attention to the inconsistency and invite the parties to resolve it, rather than proceeding to sentence on the basis of the inconsistent material. Logically inconsistent charges on an indictment (such as charging OFAD for creating a false account alongside NDPC alleging only negligence as to the nature of funds withdrawn from that same account) should be avoided.
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