R v Ezegbe [2012] NSWDC 292

R v Ezegbe [2012] NSWDC 292

Because Mr Ezegbe pleaded guilty after having been given into the charge of the jury and the plea was accepted, s 157 of the Criminal Procedure Act required the finding of guilt to have effect as if it were the verdict of the jury. The Court therefore had no jurisdiction to permit withdrawal of the guilty plea, regardless of the matters raised in the affidavits about the circumstances of the plea.

Jurisdiction
Australia
Judgment Date
04 June 2012
Procedural Posture
Criminal Application to Withdraw Plea of Guilty / Interlocutory Application After Guilty Plea Entered During Trial and Before Sentence
Outcome
Application refused
Legal Topics
['withdrawal of Guilty Plea' 'jurisdiction After Accused Given Into Charge of Jury' 'effect of Finding of Guilt Under S 157 of the Criminal Procedure Act']
['criminal Law' 'criminal Procedure'] ['withdrawal of Guilty Plea' 'jurisdiction After Accused Given Into Charge of Jury' 'effect of Finding of Guilt Under S 157 of the Criminal Procedure Act']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Application to Withdraw Plea of Guilty / Interlocutory Application After Guilty Plea Entered During Trial and Before Sentence

Legal Issues

  1. 1 ['Whether the District Court had jurisdiction to allow Mr Ezegbe to withdraw a plea of guilty entered after he had been given into the charge of a jury.' "Whether s 157 of the Criminal Procedure Act required the judge's finding of guilt to have effect as if it were the verdict of the jury."]

Ratio Decidendi

Because Mr Ezegbe pleaded guilty after having been given into the charge of the jury and the plea was accepted, s 157 of the Criminal Procedure Act required the finding of guilt to have effect as if it were the verdict of the jury. The Court therefore had no jurisdiction to permit withdrawal of the guilty plea, regardless of the matters raised in the affidavits about the circumstances of the plea.

Court Disposition

Application refused

Orders

  • ['The application is refused.' 'The matter will be listed before her Honour Judge Tupman on Thursday 6 June for sentence.']