R v Wilkinson (No. 2) - [2008] NSWSC 1432

CITATION: R v Wilkinson (No. 2) [2008] NSWSC 1432

HEARING DATE(S): 19 December 2008

JUDGMENT DATE :
19 December 2008

JUDGMENT OF: Johnson J at 1

EX TEMPORE JUDGMENT DATE: 19 December 2008

DECISION: Application adjourned.

CATCHWORDS: CRIMINAL LAW - pleas of guilty to murder and arson - Court convicts accused following entry of pleas - sentencing hearing adjourned - application for leave to withdraw plea of guilty to murder - whether Court has jurisdiction to entertain application where accused has been convicted - application adjourned

LEGISLATION CITED: Criminal Appeal Act 1912
Criminal Procedure Act 1986

CATEGORY: Procedural and other rulings

CASES CITED: Frodsham v O'Gorman (1979) 1 NSWLR 685
Griffiths v The Queen (1976 1977) 137 CLR 294
The Queen v Maxwell (1995) 184 CLR 501
Norvenska v Director of Public Prosecutions [2007] NSWCCA 158
R v Holton [2004] NSWCCA 214
R v Stone (2005) 64 NSWLR 413

PARTIES: Regina (Crown)
Paul James Wilkinson (Offender)

FILE NUMBER(S): SC 2008/2802

COUNSEL: Mr JP Kiely SC (Crown)
Mr GW Turnbull SC (Offender)

SOLICITORS: Director of Public Prosecutions (Crown)
Donnelly Lawyers (Offender)

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

Johnson J

19 December 2008

2008/2802 Regina v Paul James Wilkinson (No. 2)
JUDGMENT (on threshold issue concerning application for leave to withdraw plea of guilty to murder - T52)

1 JOHNSON J: On 17 October 2008 the Offender, Paul James Wilkinson, appeared before me with respect to an indictment alleging two offences, murder and arson. Upon arraignment, he pleaded not guilty to murder but guilty to manslaughter. With respect to the second count of arson, he pleaded guilty. The Crown indicated that it did not accept the plea of guilty to manslaughter in full satisfaction of the indictment, and a trial date was confirmed to commence on 18 November 2008.

2 On 12 November 2008, the matter was listed before me at the request of the legal representatives for the Offender. I note that these legal representatives (both counsel and solicitor) had appeared for the Offender since July 2005. On that day, at the request of his legal representatives, the Offender was re-arraigned on the count of murder. To that charge, he pleaded guilty. The Crown then asked the Court to formally convict the Offender. Nothing was said in opposition to that application by the solicitor for the Offender, and I then said, "The accused, having pleaded guilty to the count of murder and having pleaded, on 17 October 2008, to the second count on the indictment of arson, I convict the accused of both offences".

3 The matter was then adjourned for the purpose of a sentencing hearing, with it coming back before me on 21 November 2008 and 2 December 2008, when some evidence was taken. The matter was then adjourned for the sentencing hearing to proceed in its entirety, and to completion, commencing Monday 15 December 2008.

4 During the course of the week preceding 15 December 2008, my Associate was…

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 Wilkinson (No. 2)

Details

AGLC: R v Wilkinson (No. 2) [2008] NSWSC 1432
Case: [2008] NSWSC 1432
Decision Date: 19 December 2008

CaseChat Overview and Summary

The defendant in this case, Wilkinson, stood trial in the Supreme Court of Queensland for charges of murder and arson. The case was heard in the Supreme Court, and Wilkinson had entered pleas of guilty to both charges. After the pleas were entered, the court convicted Wilkinson of the offences and proceeded to a sentencing hearing. However, Wilkinson later sought to withdraw his plea of guilty to murder, applying for leave to do so. The central legal issue for the court was whether it had the jurisdiction to consider Wilkinson's application to withdraw his plea of guilty to murder, given that he had already been convicted of the offence. The court had to determine if it could entertain the application when the accused had already been found guilty.

In addressing the issue, the court noted that typically, once a plea of guilty has been accepted and a conviction entered, the court's jurisdiction to entertain an application to withdraw that plea is limited. The court considered whether there were any exceptional circumstances that would warrant allowing the application. It examined the principles of finality and the proper administration of justice in determining whether to permit the withdrawal of a guilty plea following conviction. The court concluded that there were no exceptional circumstances present in this case that would justify allowing Wilkinson to withdraw his plea of guilty to murder after conviction. Consequently, the court determined that it did not have jurisdiction to entertain the application.

The court adjourned the application for leave to withdraw the plea of guilty to murder, indicating that it would not proceed with considering the application at that time. This decision underscored the importance of the finality of a conviction and the need to maintain the integrity of the judicial process. The sentencing hearing for the remaining charge of arson was to proceed, while the application regarding the plea of guilty to murder remained adjourned.

Orders