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
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
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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.
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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.
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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.
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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.
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Counts 1, 3 and 4 are not the subject of this application.
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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…
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- AGLC
- R v Johann Saafi [2024] NSWDC 197
- Case
- [2024] NSWDC 197
- Decision Date
CaseChat Overview and Summary
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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