R v Hart (No 4) [2016] NSWSC 958

R v Hart (No 4) [2016] NSWSC 958

The plea of guilty to manslaughter made in open court in the presence of the jury is admissible as evidence against the accused.

Parties
Crown: Regina; Accused: Campbell Hart
Jurisdiction
Australia
Judgment Date
06 July 2016
Procedural Posture
Criminal / Procedural and Other Rulings
Outcome
Plea admissible as evidence against the accused
Legal Topics
Plea of Guilty, Manslaughter, Admissibility of Admissions
Criminal Law Plea of Guilty Manslaughter Admissibility of Admissions

Case Brief

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Parties

Regina

Crown

Campbell Hart

Accused

Procedural Posture

Criminal / Procedural and Other Rulings

Legal Issues

  1. 1 Whether a guilty plea to a lesser charge (manslaughter) not included on the indictment is admissible as evidence
  2. 2 Whether a verdict of 'not guilty' is returnable after such a plea
  3. 3 Significance of a guilty plea to an offence not on the indictment

Ratio Decidendi

The plea of guilty to manslaughter made in open court in the presence of the jury is admissible as evidence against the accused.

Court Disposition

Plea admissible as evidence against the accused

Orders

  • The plea of guilty to manslaughter made in open court in the presence of the jury is admissible as evidence