R v Dilosa [2023] NSWSC 959

R v Dilosa [2023] NSWSC 959

Having regard to the authorities and particularly s 154 of the Criminal Procedure Act 1986 (NSW), the appropriate procedure was to put Mr Dilosa in charge of the jury only on count 1. Count 2 was an alternative count to which he had pleaded guilty, and a person cannot be put on trial for an offence to which he has pleaded guilty; the Crown’s non-acceptance of the plea in full satisfaction did not require count 2 also to be tried by the jury.

Jurisdiction
Australia
Judgment Date
29 June 2023
Procedural Posture
Criminal Procedure Ruling in Murder Trial / After Arraignment and Jury Empanelment, Ruling on Whether Accused Should Be Put in Charge of the Jury on Alternative Count to Which He Pleaded Guilty
Outcome
The accused is put in charge of the jury in respect of count 1 on the indictment only.
Legal Topics
['trial Procedure' 'murder' 'accessory After the Fact' 'alternative Counts' 'plea of Guilty Not Accepted by Crown' 'putting Accused in Charge of the Jury']
['criminal Procedure'] ['trial Procedure' 'murder' 'accessory After the Fact' 'alternative Counts' 'plea of Guilty Not Accepted by Crown' 'putting Accused in Charge of the Jury']

Case Brief

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Procedural Posture

Criminal Procedure Ruling in Murder Trial / After Arraignment and Jury Empanelment, Ruling on Whether Accused Should Be Put in Charge of the Jury on Alternative Count to Which He Pleaded Guilty

Legal Issues

  1. 1 ['Whether, where an indictment contains a murder count and an alternative accessory after the fact count, and the accused pleads not guilty to murder and guilty to the alternative count which the Crown does not accept in full satisfaction, the accused should be put in charge of the jury on both counts or only on the murder count.']

Ratio Decidendi

Having regard to the authorities and particularly s 154 of the Criminal Procedure Act 1986 (NSW), the appropriate procedure was to put Mr Dilosa in charge of the jury only on count 1. Count 2 was an alternative count to which he had pleaded guilty, and a person cannot be put on trial for an offence to which he has pleaded guilty; the Crown’s non-acceptance of the plea in full satisfaction did not require count 2 also to be tried by the jury.

Court Disposition

The accused is put in charge of the jury in respect of count 1 on the indictment only.

Orders

  • ['The accused is put in charge of the jury in respect of count 1 on the indictment only.']