R v Tailford [2021] NSWSC 248

R v Tailford [2021] NSWSC 248

It is permissible, with consent of both parties, for the judge to leave the murder charge only to the jury when both murder and manslaughter are charged, and to deal with the plea of guilty to manslaughter separately if the jury returns a verdict of not guilty to murder. This avoids procedural complications associated with autrefois acquit and accords with New South Wales authority.

Parties
Prosecutor: Regina (Crown); Accused: Darryle Lee Tailford
Jurisdiction
Australia
Judgment Date
02 March 2021
Procedural Posture
Criminal / Procedural Ruling on Plea Management Prior to Trial
Outcome
Application of accused granted with Crown's consent; court to leave only murder charge to jury and deal with manslaughter plea separately as described.
Legal Topics
Procedural Rulings, Indictment Practice, Murder and Manslaughter Charges, Pleas to Alternative Offences, Autrefois Convict and Acquit
Criminal Law Procedural Rulings Indictment Practice Murder and Manslaughter Charges Pleas to Alternative Offences Autrefois Convict and Acquit

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Parties

Regina (Crown)

Prosecutor

Darryle Lee Tailford

Accused

Procedural Posture

Criminal / Procedural Ruling on Plea Management Prior to Trial

Legal Issues

  1. 1 Whether a judge may leave only the murder charge to the jury when the indictment charges both murder and manslaughter in the alternative and a guilty plea is entered to manslaughter
  2. 2 Whether the plea to manslaughter can be dealt with separately by the judge after a not guilty verdict on murder
  3. 3 Practice differences between jurisdictions regarding alternative counts and pleas

Ratio Decidendi

It is permissible, with consent of both parties, for the judge to leave the murder charge only to the jury when both murder and manslaughter are charged, and to deal with the plea of guilty to manslaughter separately if the jury returns a verdict of not guilty to murder. This avoids procedural complications associated with autrefois acquit and accords with New South Wales authority.

Court Disposition

Application of accused granted with Crown's consent; court to leave only murder charge to jury and deal with manslaughter plea separately as described.

Orders

  • Only the murder charge is to be left to the jury; if not guilty is returned, the judge will deal with the manslaughter plea in accordance with the outlined procedure.