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.
[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.
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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.