NSW Caselaw
New South Wales Supreme Court
CITATION : R v Wetherall [2006] NSWSC 486
HEARING DATE(S) : 8,9,10,11,12,15,16, 18 May 2006
JUDGMENT DATE : 18 May 2006
JUDGMENT OF : Patten AJ at 1
DECISION : See paragraph 67
LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED : R v Quartly (1986) 22 A Crim R 252
PARTIES : The Queen Denise Lynette Wetherall - Defendant
FILE NUMBER(S) : SC 2005/1575SCRM
COUNSEL : Mr S Vandogen - Crown Mr J Stratton SC - Defendant
SOLICITORS : Director of Public Prosecutions Legal Aid - Defendant
- 18 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
Patten AJ
18 May 2006
2005/1575 R v WETHERALL
SENTENCE:
1 HIS HONOUR: On 8 May 2006, Denise Lynette Weatherall (to whom I will hereafter refer as the offender) pleaded not guilty when arraigned before me to a charge that on 8 February 2005 at Canterbury she did murder Brian William Wright. 2 A jury was empanelled and the trial proceeded to the extent that by Tuesday, 16 May, the case for the Crown and the case for the accused had concluded. In accordance with a ruling, which I gave during the course of the trial, the Crown indicated an intention to present a case in reply. However, before any evidence in reply was called, I was informed that, in effect, agreement had been reached between the Crown and the offender that she would be re-arraigned. On such re-arraignment the offender pleaded not guilty of murder, but guilty of manslaughter. That plea was accepted by the Crown in discharge of the indictment. Pursuant to s 157 of the Criminal Procedure Act I accepted the plea of guilty to manslaughter, discharged the jury from giving a verdict and found the offender guilty of the offence of manslaughter. 3 Later in these reasons I will need to refer to the circumstances which led the Crown to accept the plea of guilty to manslaughter in satisfaction of the indictment, as according to the evidence before the Court it had declined to do so when such a plea was offered on an earlier occasion.
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