R v Johann Saafi - [2024] NSWDC 197

District Court

New South Wales

Medium Neutral Citation: R v Johann Saafi [2024] NSWDC 197
Hearing dates: 29 May 2024
Date of orders: 29 May 2024
Decision date: 29 May 2024
Jurisdiction: Criminal
Before: Grant DCJ
Decision:
The Court has no jurisdiction to entertain the application for the withdrawal of the guilty plea to Count 2

Catchwords:
CRIMINAL PROCEDURE – application for traversal of guilty plea – plea entered in presence of jury – whether entering plea in presence of jury amounts to a conviction or finding of guilt – jurisdiction – no jurisdiction to allow withdrawal of guilty plea

Legislation Cited:
Crimes Act 1900 (NSW)
Criminal Procedure Act 1986 (NSW)

Cases Cited:
Griffiths v The Queen (1977) 237 CLR 293
Maxwell v The Queen (1995) 184 CLR 501
R v Hura [2001] NSWCCA 61
Regina v Timothy Ian BOAG (1994) 73 A Crim R 35

Category: Procedural rulings
Parties: Johann Saafi (Applicant)
Rex (Respondent)
Representation:
Counsel:

Mr E Ozen SC (Applicant)
Mr M Hay (Respondent)

Solicitors:
Mr O Elfawal (Applicant)
Ms B Sommerton (Respondent)

File Number(s): 2021/00157628

JUDGMENT

Introduction

The applicant, Mr Saafi, was represented by counsel when he stood trial before me, along with four co-accused from 24 April 2024 until the jury returned their verdicts at about 12.20pm on 28 May 2024.
The accused, including Mr Saafi, were arraigned in the absence of a jury panel on 24 April 2024. Mr Saafi pleaded not guilty to four counts on the indictment.
On 26 April 2024, in the presence of the jury panel Mr Saafi pleaded not guilty to Count 1 on the indictment, that he,

on 1 June 2021, at Bringelly in the State of New South Wales, did break and enter the dwelling house of GM at [redacted], and then in the said dwelling house did commit a serious indictable offence, namely, assault occasioning actual bodily harm on GM in circumstances of special aggravation, namely, that at the time the said accused was armed with an offensive weapon, namely, a pistol.

He pleaded guilty to the following three counts, that he,

on 1 June 2021, at Revesby in the State of New South Wales, did, while in the company of other persons, detain DM without his consent, with intent to hold him to ransom and at the time of detaining, actual bodily harm was occasioned to DM,

on 1 June 2021, at Revesby in the State of New South Wales, did, with intent to mislead a judicial proceeding, destroy evidence by means of fire, and,

on 1 June 2021, at Revesby in the State of New South Wales, did while in the company of other persons, intentionally damage the premises at 23/65 Marigold St, the property of LC, by means of fire.

Counts 1, 3 and 4 are not the subject of this application.
The occasioning of actual bodily harm was a circumstance of aggravation alleged to have occurred at Revesby. Mr Saafi, by his guilty plea formally and publicly admitted his guilt in respect of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Johann Saafi

Details

AGLC: R v Johann Saafi [2024] NSWDC 197
Case: [2024] NSWDC 197
Decision Date: 29 May 2024

CaseChat Overview and Summary

The case before the court was an application by the accused, Johann Saafi, to traverse a guilty plea he had entered to a charge of possessing a firearm. The plea was entered in the presence of a jury, and Saafi sought to withdraw it. The application was heard by the court, which had to decide whether the entry of a guilty plea in the presence of a jury amounted to a conviction or finding of guilt, and whether it had jurisdiction to allow the withdrawal of such a plea. The court considered the legal principles and authorities on the matter and concluded that the entry of a guilty plea in the presence of a jury did not constitute a conviction or finding of guilt in the legal sense. However, the court held that it did not have the jurisdiction to allow the withdrawal of such a plea once it had been entered in the presence of the jury.

The court reasoned that the entry of a guilty plea in the presence of a jury was a significant step in the criminal process, and it was important to maintain the integrity of the trial process. The court noted that the law was clear that once a plea of guilty had been entered in the presence of a jury, the court did not have the jurisdiction to allow the accused to withdraw it. This was to ensure that the jury was not influenced by any subsequent change of plea and to maintain the fairness and efficiency of the trial process. The court also noted that the accused had been given a full opportunity to enter his plea and had done so voluntarily and with understanding. The court found that there were no grounds for allowing the withdrawal of the plea, and the application was dismissed. The court made no orders as to costs.

Orders

Orders of the court

The Court has no jurisdiction to entertain the application for the withdrawal of the guilty plea to Count 2

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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Medium Neutral Citation:	R v Johann Saafi [2024] NSWDC 197
Hearing dates:	29 May 2024
Date of orders:	29 May 2024
Decision date:	29 May 2024
Jurisdiction:	Criminal
Before:	Grant DCJ
Decision:	The Court has no jurisdiction to entertain the application for the withdrawal of the guilty plea to Count 2
Catchwords:	CRIMINAL PROCEDURE – application for traversal of guilty plea – plea entered in presence of jury – whether entering plea in presence of jury amounts to a conviction or finding of guilt – jurisdiction – no jurisdiction to allow withdrawal of guilty plea
Legislation Cited:	Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW)
Cases Cited:	Griffiths v The Queen (1977) 237 CLR 293 Maxwell v The Queen (1995) 184 CLR 501 R v Hura [2001] NSWCCA 61 Regina v Timothy Ian BOAG (1994) 73 A Crim R 35
Category:	Procedural rulings
Parties:	Johann Saafi (Applicant) Rex (Respondent)
Representation:	Counsel: Mr E Ozen SC (Applicant) Mr M Hay (Respondent) Solicitors: Mr O Elfawal (Applicant) Ms B Sommerton (Respondent)
File Number(s):	2021/00157628