The mechanism by which an offender came to know of a child abuse offence (witnessing vs being told) is a particular of the offence under s 316A(1) of the Crimes Act 1900 (NSW), not an element or essential fact, and denial of that particular on oath does not traverse a guilty plea. A utilitarian discount for a guilty plea may properly be reduced where the offender's conduct on sentence unnecessarily protracted the proceedings, including by initially denying agreed facts on oath before reverting to the agreed position.
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