Francisco Javier Gomez v The Queen; the Queen v Francisco Javier Gomez

The case of *Francisco Javier Gomez v The Queen* and *The Queen v Francisco Javier Gomez* concerned appeals to the Court of Criminal Appeal of New South Wales regarding a change of plea after a conviction. The central dispute revolved around the power of a trial judge to permit an accused to change their plea from guilty to not guilty after a conviction had been entered.

The primary legal issue before the Court was whether a trial judge retains the power to allow an amendment of a plea of guilty to not guilty after a conviction has been recorded. This question necessitated an examination of the meaning of "conviction" in the context of criminal proceedings and the extent of a judge's authority once a conviction is formally entered.

The Court held that a trial judge is not *functus officio* (having fulfilled their duty) immediately upon recording a conviction. Instead, the judge retains a residual power to permit a change of plea from guilty to not guilty, provided the application is made promptly and there are no intervening circumstances that would render it unjust to do so. This power is to be exercised with caution and is guided by the overarching principle of ensuring a fair trial. The Court reasoned that the power to amend a plea is a procedural mechanism designed to prevent a miscarriage of justice, particularly where an accused may have pleaded guilty under duress or misunderstanding, and subsequently wishes to contest the charges.

The appeals were upheld, and the matter was remitted for a new trial.