The Queen v Gahani

The Court of Criminal Appeal of the Northern Territory considered a question of law reserved pursuant to s 408 of the Criminal Code 1983 (NT) in *The Queen v Gahani*. The dispute concerned the admissibility at trial of a plea of guilty to sexual intercourse without consent, which the accused had entered during committal proceedings. The accused was charged with sexual intercourse without consent, contrary to s 192(3) of the Criminal Code.

The central legal issue before the court was whether evidence of the accused’s guilty plea, entered during committal proceedings, constituted an admissible admission at his subsequent trial. This question arose because the Crown sought to adduce this evidence, leading to the accused’s original legal representative ceasing to act for him and the vacation of trial dates. The accused contended that the evidence was inadmissible under s 90 or s 138 of the Evidence (National Uniform Legislation) Act 2011 (NT) (ENULA).

The court reasoned that under the Northern Territory legislative framework, a plea to a charge carrying a maximum penalty of life imprisonment cannot regularly be recorded, and if recorded, may be withdrawn without prejudice. The court examined the operation of s 138 of the ENULA, which provides for the exclusion of improperly or illegally obtained evidence unless its desirability outweighs its undesirability. The court noted that "impropriety" in this context refers to conduct inconsistent with minimum societal standards and that "contravention" involves disobedience of a rule of law. The accused gave evidence that he entered the plea to spare his family the ordeal of testifying, suggesting it was not a true acceptance of all elements of the offence, despite his instructions and knowledge of the sentencing consequences.

The court ultimately determined that the admissibility of the guilty plea evidence was a matter to be decided by applying the principles of s 138 of the ENULA, considering the specific circumstances of its entry and the relevant legislative framework governing committal proceedings in the Northern Territory. The court did not make final orders in the provided text, as it was focused on determining the legal question reserved.