Griffiths v The Queen [1977] HCA 44

High Court of Australia Barwick C.J. Stephen, Jacobs, Murphy and Aickin JJ. Griffiths v The Queen [1977] HCA 44

ORDER Time within which to make application for special leave to appeal extended. Application for special leave to appeal granted. Appeal allowed. Order of the New South Wales Court of Criminal Appeal set aside and in lieu thereof order that the appeal to that Court be dismissed as incompetent.

Cur. adv. vult.

The following written judgments were delivered:—

1977, Aug. 17 Barwick C.J.

The applicant for special leave was charged before a stipendiary magistrate at Kogarah in the State of New South Wales with having committed between 4th March 1973 and 29th July 1974 three separate acts in contravention of the Crimes Act, 1900 N.S.W., as amended ("the Crimes Act "): two of breaking, entering and stealing and one of being accessory after the act of breaking, entering and stealing. He pleaded guilty to each charge and was committed to the sittings of the District Court at Sydney to be dealt with as provided by s. 51A of the Justices Act, 1902 N.S.W., as amended ("the Justices Act "). He was not given bail.

Section 51A (1) of the Justices Act is in the following terms:

51a.

(1) A person charged before one, or more than one, Justice with an indictable offence not punishable with penal servitude for life may, at any stage of the proceedings, plead guilty to the charge and thereupon the following provisions of this section have effect:—

(a) The Justice or Justices may accept or reject the plea. The rejection of a plea of guilty at any stage of the proceedings does not prevent the accused from pleading guilty under this section at a later stage of the proceedings and the Justice or Justices have power to accept or reject the plea at that later stage;

(b) Where the Justice or Justices reject the plea the proceedings before the Justice or Justices shall be continued as if the plea had not been made;