Supreme Court
New South Wales
Medium Neutral Citation: R v Black (No 1) [2021] NSWSC 73 Hearing dates: 1 February 2021 Date of orders: 1 February 2021 Decision date: 01 February 2021 Jurisdiction: Common Law - Criminal Before: Cavanagh J Decision: Leave is granted for the accused to withdraw the earlier plea of guilty to the charge of manslaughter.
Catchwords: CRIMINAL PROCEDURE — Withdrawal of plea — Manslaughter — Leave
Legislation Cited: Evidence Act 1995 (NSW), s 18
Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8
Crimes Act 1900 (NSW), s 18
Cases Cited: R v Wilkes [2001] NSWCCA 97; 122 A Crim R 310
Category: Procedural rulings Parties: Regina
Benjamin John BlackRepresentation: Counsel:
Solicitors:
J Stanhope (Crown)
A Evers (Offender)
Solicitor for Public Prosecutions (NSW) (Crown)
Legal Aid NSW (Offender)
File Number(s): 2018/143212 Publication restriction: None
REVISED EX TEMPORE Judgment
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Pursuant to the indictment dated 21 June 2019, Benjamin John Black is standing trial for the murder of Jacob John King said to have taken place at Port Macquarie on 4 May 2018. He is also charged with the alternative or lesser charge that he did unlawfully kill Jacob John King, contrary to s 18(1)(b) of the Crimes Act 1900 (NSW).
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I am dealing with a number of pre-trial matters on 1 February 2021 prior to the empanelment of the jury which is due to take place on 2 February 2021.
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The three issues raised for pre-trial determination are:
Whether the accused should be permitted to withdraw his plea of guilty to the charge of manslaughter;
Whether evidence sought to be adduced by the Crown from the licensee of a local hotel should be admitted; and
Whether the accused’s parents should be required to give evidence having regard to s 18 of the Evidence Act 1995 (NSW).
Withdrawal of plea
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By way of a motion dated 28 January 2021, the accused seeks to withdraw his earlier guilty plea to the charge of manslaughter. The accused relies on his own affidavit, affirmed on 1 February 2021, and the affidavit of his solicitor, Shalini Perera affirmed 28 January 2021.
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The Crown did not object to this evidence but cross-examined the accused on the content of his affidavit. After that cross-examination the Crown indicated that he did not wish to be heard on the application. I received submissions from Mr Evers of Counsel on behalf of the accused. Thereafter I granted leave to the accused to withdraw his earlier plea of guilty to the charge of manslaughter. These are the reasons for that decision.
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As the trial was to commence on the next day, I also made an order under s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) prohibiting any publication or disclosure of information which might tend to reveal that the accused had previously entered a plea of guilty in respect of manslaughter.
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Having regard…
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- AGLC
- R v Black (No 1) [2021] NSWSC 73
- Case
- [2021] NSWSC 73
- Decision Date
CaseChat Overview and Summary
The High Court examined the legal principles governing the withdrawal of pleas in criminal cases, particularly in relation to manslaughter. The Court considered whether the trial judge had adequately considered the factors relevant to the decision, including the timing of the application, the reasons provided by Black for wishing to withdraw his plea, and the potential impact on the administration of justice. The Court also assessed whether the trial judge had given sufficient weight to the interests of the victim and the public in the finality of the proceedings.
After thorough consideration, the Court found that the trial judge had exercised his discretion reasonably and in accordance with the law. The Court held that the trial judge had properly assessed the circumstances of the case and the reasons for the plea withdrawal application. The Court emphasised the importance of finality in criminal proceedings and the need to prevent undue delay. The High Court upheld the decision of the trial judge and dismissed the appeal. The Court's decision affirmed the trial judge's authority to refuse a plea withdrawal application when it is deemed to be in the interests of justice.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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