R v Beeby [1999] NSWCCA 30

R v Beeby [1999] NSWCCA 30

Leave to appeal is granted but appeals are dismissed because the trial judge properly exercised discretion in permitting the Crown to withdraw its acceptance of the guilty plea and present a fresh indictment; there was no legal basis to order costs or stay proceedings until costs paid.

Jurisdiction
Australia
Judgment Date
11 March 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Interlocutory Orders
Outcome
Leave to appeal granted; Appeals dismissed.
Legal Topics
['withdrawal of Plea' 'fresh Indictment' 'crown Discretion' 'costs in Criminal Proceedings' "suitors' Fund Act 1951"]
['criminal Law'] ['withdrawal of Plea' 'fresh Indictment' 'crown Discretion' 'costs in Criminal Proceedings' "suitors' Fund Act 1951"]

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Interlocutory Orders

Legal Issues

  1. 1 ['Whether the Crown should be granted leave to withdraw acceptance of a guilty plea and present a fresh indictment' 'Whether the applicant is entitled to a stay of proceedings until costs are paid' 'Power to award costs in criminal proceedings']

Ratio Decidendi

Leave to appeal is granted but appeals are dismissed because the trial judge properly exercised discretion in permitting the Crown to withdraw its acceptance of the guilty plea and present a fresh indictment; there was no legal basis to order costs or stay proceedings until costs paid.

Court Disposition

Leave to appeal granted; Appeals dismissed.

Orders

  • []