Regina v Kenneth Ian O'Meara [2003] NSWCCA 250
There was no infraction of s 80 of the Commonwealth Constitution because the appellant was entitled to a jury trial while he maintained pleas of not guilty, but he then chose to change his pleas; the discharge of the jury, re-indictment and taking of guilty pleas involved no miscarriage of justice, so the convictions were not quashed.
- Jurisdiction
- Australia
- Judgment Date
- 05 September 2003
- Procedural Posture
- Criminal Appeal / Appeal Against Convictions
- Outcome
- Appeal dismissed
- Legal Topics
- ['commonwealth Offences Tried on Indictment' 'jury Trial Under S 80 of the Commonwealth Constitution' 'change of Plea During Trial' 're Indictment and Guilty Pleas' 'judiciary Act S 68 Procedure']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Convictions
Legal Issues
- 1 ['Whether convictions following re-indictment and guilty pleas during a part-heard jury trial contravened s 80 of the Commonwealth Constitution.' 'Whether any error in the procedure caused a miscarriage of justice.']
Ratio Decidendi
There was no infraction of s 80 of the Commonwealth Constitution because the appellant was entitled to a jury trial while he maintained pleas of not guilty, but he then chose to change his pleas; the discharge of the jury, re-indictment and taking of guilty pleas involved no miscarriage of justice, so the convictions were not quashed.
Court Disposition
Appeal dismissed
Orders
- ['The appeal is dismissed.']
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