Maximise Your Sentencing Discount: Defence Strategies for the EAGP Scheme in NSW Courts

If you’ve been charged with a serious offence in NSW, you may have heard of the Early Appropriate Guilty Plea (EAGP) scheme. But what is the EAGP scheme, and why does it matter when it comes to sentencing? For defence lawyers and defendants alike, understanding the rules around guilty pleas under the EAGP scheme can make the difference between a 25% sentencing discount—or none at all.

In this article, we break down the key traps, tactics, and ethical considerations under the EAGP scheme, based on expert legal insights.

What is the EAGP Scheme in NSW?

The EAGP scheme is a legislative framework introduced on 30 April 2018, aimed at encouraging early guilty pleas in indictable (serious) criminal matters. It applies to adults charged with NSW State offences laid after that date.

The scheme offers mandatory sentencing discounts for early guilty pleas:

25% for pleas in the Local Court or offers before committal
10% for pleas at least 14 days before trial
5% for pleas any time before sentencing

Why Timing Matters: The 25% Discount Trap

Trap #1: Allowing the case to be committed to the District or Supreme Court before the client has decided whether to plead guilty can result in losing the full 25% sentencing discount.

Tactic: Defence lawyers should resist early committal and keep the matter in the Local Court as long as negotiations are ongoing. You can cite Coles v DPP [2022] NSWSC 960 and Landrey v DPP (NSW) [2022] NSWCA 211 to support this.

Pro Tip: Always file a Case Conference Certificate before committal—even if no plea is made. Failure to file can also result in a discount being lost under s76 of the Criminal Procedure Act 1986 (NSW).

Traps That Can Reduce or Eliminate the Discount

1. Disputing Facts at Trial or Sentence (s25F(4))

If facts are disputed unsuccessfully, the court may reduce or even eliminate the sentencing discount.

2. Extreme Culpability (s25F(2))

In serious cases like murder or major drug supply, the court can decide that no discount should be applied due to the high level of community concern and retribution.

3. Delays in Filing Offers to Plead

A plea won’t attract a 25% discount unless:

The offer was made before committal,

It’s recorded in a negotiations document (e.g., Case Conference Certificate),

The plea is entered at the first available opportunity.

Preserving the 25% Discount: Offers and Negotiations

Offers must be in writing and recorded in a Case Conference Certificate (pre-committal) or served on the prosecutor (post-committal).

Even if the prosecution refuses the offer, you may still be entitled to the full discount under s25E(2) if the plea is eventually accepted.

If your client is found guilty at trial of a charge consistent with the earlier offer, a 10% discount may still apply under s25E(1).

Tactic: Always state clearly that the offer “remains open until withdrawn in writing.”

Fitness to Plead and Sentencing Discounts

If your client was unfit to plead but is later found fit, s25D(5) allows a 25% discount only if the plea is made “as soon as practicable.”

Trap: Delays due to negotiation may prevent access to the full discount. In Stubbings v R [2023] NSWCCA 69, the court held that time spent negotiating did not count towards the “as soon as practicable” requirement.

Ethical Duties When Making Offers

Lawyers must not make offers unless the client genuinely intends to plead guilty.

Defence lawyers must not mislead the court about their client’s willingness to resolve the case.

Offers made solely for tactical advantage (without intent to plead) may breach ethical obligations.

Key Takeaways for Defence Lawyers

File Case Conference Certificates promptly.

Record all offers in writing.

Advise clients early to preserve maximum discounts.

Consider seeking remittal to Local Court if fitness is restored.

Keep clear records of attempts to negotiate.

Need Help Navigating the EAGP Scheme?

At Greenfield Lawyers, our experienced criminal defence team specialises in navigating complex EAGP procedures. We ensure our clients get the best outcome possible—including maximising available sentencing discounts.

Call us today on 0422 372 695 or email greenfieldlawyers@gmail.com for a confidential consultation.