R v Leroy CUMMINGS [2009] NSWDC 286

New South Wales District Court

CITATION: R v Leroy CUMMINGS [2009] NSWDC 286

HEARING DATE(S): 8 October 2009

JUDGMENT DATE: 8 October 2009

JURISDICTION: District Court - Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Plea of guilty rejected

CATCHWORDS: Criminal law - Judgment - Plea of guilt not accepted - Not genuinely acknowledging guilt

PARTIES: The Crown Leroy Cummings

FILE NUMBER(S): DC 2009/11/0159

COUNSEL: T Macintosh - The Crown A Barber - The Accused

SOLICITORS: NSW DPP

JUDGMENT

1 HIS HONOUR: Leroy Cummins pleaded guilty at an earlier stage to two offences, one being assault occasioning actual bodily harm and the other being stealing from a person. The matter has proceeded today before me and an issue has arisen as to whether I should accept Mr Cummins' plea to the second of those matters, that is the stealing from a person matter.

2 I cannot accept a plea of guilty which I do not consider to be a genuine acknowledgement of guilt. Usually the fact of the plea itself is sufficient to demonstrate an acknowledgement of guilt and an acceptance that the elements of the offence are satisfied. However the accused gave evidence, before me today, and the question which has arisen in my mind is whether he does admit one of the elements of the offence of stealing from a person, that is an intention to steal the property particularised in the indictment.

3 I accept that it is in Mr Cummins' interest to have the matter dealt with to finality as quickly as possible. He has put, through his counsel, a strong subjective case, one which would have a considerable effect upon not only the length of the sentence that I would impose upon Mr Cummins but also the nature of the sentence.