Where an accused is charged with a principal offence and an alternative offence (whether at common law or by statute), and offers to plead guilty to the alternative offence which the Crown initially refuses, the alternative offence is a 'different offence' for the purposes of s 25E(2)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW). The offender is entitled to the higher discount under s 25E(3) (up to 25%) rather than the lower discount under s 25D(2)(b) (10%). This applies regardless of whether the alternative offence is expressly specified on the charge certificate or case conference certificate.
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