The phrase 'as soon as practicable' in s 25D(5)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is to be assessed from the point of view of the offender, taking into account whether the offender had a reasonable opportunity to obtain legal advice and give instructions. An offender found fit to be tried after committal who chooses to negotiate a lesser charge and investigate possible defences rather than plead guilty, and who does not apply for remittal to the Local Court under s 52 of the MHCIFP Act, will not be regarded as having pleaded guilty 'as soon as practicable'. The onus of establishing entitlement to the higher discount lies on the offender under s 25F(5).
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