The phrase 'an offer recorded in a negotiations document' in s 25E(2)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) should be construed as meaning 'an offer which was recorded or which was required to be recorded in a negotiations document'. An offender is not to be deprived of the benefit of a 25% sentencing discount merely because both parties overlooked the requirement to record the offer in the case conference certificate. Practitioners should ensure pre-committal offers to plead guilty are recorded in the case conference certificate as required by s 75(1)(b) of the Criminal Procedure Act 1986 (NSW), but the failure to do so does not disentitle the offender from the higher discount.
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