R v Stone

Case [2005] NSWCCA 344


Reported Decision:

157 A Crim R 41
64 NSWLR 413

New South Wales


Court of Criminal Appeal

CITATION:

Regina v Stone [2005] NSWCCA 344
This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 20/9/05
 
JUDGMENT DATE: 


24 October 2005

JUDGMENT OF:

Hunt AJA at 1; Hislop J at 73; Smart AJ at 74

DECISION:

Crown appeal dismissed

CATCHWORDS:

Autrefois convict - plea in bar in nature of autrefois convict- not permitted while plea of not guilty remains standing on the record - leave to withdraw plea of not guilty if plea in bar a good one - Autrefois convict - plea in bar in nature of autrefois convict- requirement that both conviction (in the sense of a finding of guilt) and sentence (in the sense of the final disposal of the case) must be established by the accused - Autrefois convict - plea in bar in nature of autrefois convict- judge's ruling that plea in bar had been made out when there had not be a sentence erroneous - ruling a final decision disposing of the proceedings - acquittal - no Crown appeal lies from that ruling whether pursuant to s 5F of the Criminal Appeal Act 1912 or otherwise.

LEGISLATION CITED:

Crimes Act 1900
Criminal Appeal Act 1912
Criminal Code (Tasmania), Schedule 1 to Criminal Code Act 1924
Criminal Procedure Act 1986
Drug Misuse and Trafficking Act 1985
Drugs, Poisons and Controlled Substances Act 1981 (Victoria)

CASES CITED:

Burgess v Boetefur (1844) 7 Man & G 481 [135 ER 193]
Cobiac v Liddy (1969) 119 CLR 257
Della Patrona v DPP [No 2] (1995) 38 NSWLR 257
DPP v Collins [2004] VSCA 179
Gill v Walton (1991) 25 NSWLR 190
Grassby v The Queen (1989) 168 CLR 1
Green v United States 355 US 184 (1957)
Griffiths v The Queen (1977) 137 CLR 293
Kopuz v District Court of NSW (1992) 28 NSWLR 232
Maxwell v The Queen (1996) 184 CLR 501
Li Wan Quai v Christie (1906) 3 CLR 1125
Pearce v The Queen (1998) 194 CLR 610
Regina v Cheng (1999) 48 NSWLR 610
Regina v Dodd (1991) 56 A Crim R 451
Regina v Holton [2004] NSWCCA 214
Regina v King (2003) 139 A Crim R 132
Regina v Lethlean (1995) 83 A Crim R 197
Regina v Marchione (2002) 128 A Crim R 574
Regina v Tonks [1963] VR 121
Regina v Vincent [2002] NSWCCA 110
Rex v Banks [1911] 2 KB 1095
Rex v Barron [1914] 2 KB 570
Rex v Parry & Ors (1837) 7 C & P 836 [173] ER 364
Rex v Sheraton [1937] 1 KB 223
Richards v The Queen [1993] AC 217
Rogers v The Queen (1994) 181 CLR 251
S (an infant) v Recorder of Manchester [1971] AC 481
Saraswati v The Queen (1991) 172 CLR 1
The King v Kent-Newbold (1939) 62 CLR 398
The Queen v Blaby [1894] 2 QB 170
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AGLC
R v Stone [2005] NSWCCA 344
Case
[2005] NSWCCA 344
Decision Date

CaseChat Overview and Summary

In the case of R v Stone, the respondent, represented by his legal team, faced the Crown in a legal dispute that reached the court. The fundamental issue revolved around the concept of "autrefois convict," which pertains to the notion that a person cannot be tried again for the same offence once they have been convicted and sentenced. The court was tasked with determining whether the respondent could raise a plea in bar based on this principle while maintaining a plea of not guilty.

The central legal question was whether the respondent could simultaneously assert a plea in bar grounded in the doctrine of autrefois convict and maintain a plea of not guilty. The court needed to assess the validity of the plea in bar, specifically whether it required both a conviction and a sentence to be established by the accused. Additionally, the court had to examine whether the respondent's acquittal was final and whether the Crown could appeal against this decision.

The court concluded that a plea in bar based on autrefois convict is not permissible while a plea of not guilty is still on the record. If the plea in bar is valid, the court may grant leave to withdraw the plea of not guilty. Furthermore, for a plea in bar to be successful, it must be demonstrated that both a conviction and a sentence have occurred. The court found that the judge's ruling that the plea in bar had been established when no sentence had been imposed was erroneous, as it constituted a final decision disposing of the proceedings. Consequently, the court ruled that an acquittal is final, and no Crown appeal lies from that ruling, whether under section 5F of the Criminal Appeal Act 1912 or otherwise.

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

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Ratio Decidendi

Legal Principle Established

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