R v Kaewklom (No. 2) [2012] NSWSC 1117

Supreme Court New South Wales

Medium Neutral Citation: R v Kaewklom (No. 2) [2012] NSWSC 1117 Hearing dates: 17 September 2012 Decision date: 17 September 2012 Before: Johnson J Decision: The Court does not have jurisdiction to hear and determine an application for leave to withdraw the Offender's plea of guilty Catchwords: CRIMINAL LAW - murder - jury trial commences - partial defence of substantial mental impairment is sole issue in trial - Accused changes plea to guilty of murder during trial - procedure under s.157 Criminal Procedure Act 1986 - jury discharged - finding of guilty by Court - Accused convicted - proceedings adjourned for sentencing hearing - Accused informs his counsel and solicitor that he wishes to apply to withdraw plea of guilty - whether Court has jurisdiction to entertain application for leave to withdraw plea of guilty where s.157 procedure followed - no jurisdiction to entertain application - sentencing hearing adjourned Legislation Cited: Criminal Procedure Act 1986 Cases Cited: R v Kaewklom (No. 1) [2012] NSWSC 1103 R v Hura [2001] NSWCCA 61; 121 A Crim R 472 R v Wilkinson (No. 2) [2008] NSWSC 1432 R v Wilkinson (No. 4) [2009] NSWSC 323; 195 A Crim R 20 Category: Procedural and other rulings Parties: Regina (Crown) Kukiat "Gang" Kaewklom (Offender) Representation: Counsel: Ms GM O'Rourke (Crown) Mr KH Averre (Offender) Solicitors: Director of Public Prosecutions (Crown) Brenda Duchen (Offender) File Number(s): 2011/50515