An offer to plead guilty to manslaughter that specifies the basis of criminal responsibility (e.g., excessive self-defence) but is not conditional upon agreed facts is distinguishable from an offer that is conditional upon agreed facts and does not disclose the basis of criminal responsibility (as in Merrick). Where such an offer is rejected by the Crown and the jury returns a verdict consistent with the offered plea, the offender is entitled to a discount reflecting the potential utilitarian value of the offer, but the discount may be reduced below 25% where the offender would likely have contested the facts on sentence. A 20% discount was appropriate in these circumstances.
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