R v Black (No 1) [2021] NSWSC 73

Supreme Court New South Wales

Medium Neutral Citation: R v Black (No 1) [2021] NSWSC 73 Hearing dates: 1 February 2021 Date of orders: 1 February 2021 Decision date: 01 February 2021 Jurisdiction: Common Law - Criminal Before: Cavanagh J Decision: Leave is granted for the accused to withdraw the earlier plea of guilty to the charge of manslaughter. Catchwords: CRIMINAL PROCEDURE — Withdrawal of plea — Manslaughter — Leave Legislation Cited: Evidence Act 1995 (NSW), s 18 Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8 Crimes Act 1900 (NSW), s 18 Cases Cited: R v SL [2004] NSWCCA 397 R v Wilkes [2001] NSWCCA 97; 122 A Crim R 310 Thalari v R (2009) 75 NSWLR 307; [2009] NSWCCA 170 Category: Procedural rulings Parties: Regina Benjamin John Black Representation: Counsel: J Stanhope (Crown) A Evers (Offender)

Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Legal Aid NSW (Offender) File Number(s): 2018/143212 Publication restriction: None

REVISED EX TEMPORE Judgment 1. Pursuant to the indictment dated 21 June 2019, Benjamin John Black is standing trial for the murder of Jacob John King said to have taken place at Port Macquarie on 4 May 2018. He is also charged with the alternative or lesser charge that he did unlawfully kill Jacob John King, contrary to s 18(1)(b) of the Crimes Act 1900 (NSW). 2. I am dealing with a number of pre-trial matters on 1 February 2021 prior to the empanelment of the jury which is due to take place on 2 February 2021. 3. The three issues raised for pre-trial determination are: 1. Whether the accused should be permitted to withdraw his plea of guilty to the charge of manslaughter; 2. Whether evidence sought to be adduced by the Crown from the licensee of a local hotel should be admitted; and 3. Whether the accused's parents should be required to give evidence having regard to s 18 of the Evidence Act 1995 (NSW).