Marlow v The Queen

[1990] TASSC 7

Supreme Court of Tasmania

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Interrogate

Catchwords

1. Criminal Law
2. › Plea of guilty
3. › Unequivocal plea followed by statements inconsistent with guilt
4. › Duty of trial judge to inquire and advise
5. › Whether miscarriage of justice
6. › Criminal Code (Tas), ss 356, 386(10), 402(1)
1. Criminal Law
2. › Aiding and abetting
3. › Knowledge of principal offender's intention to commit crime
4. › Essential element of guilt as aider or abettor
5. › Whether applicant's version of facts consistent with guilt as principal
1. Criminal Law
2. › Appeal
3. › Appeal against conviction on plea of guilty
4. › Circumstances in which Court of Criminal Appeal will interfere
5. › Miscarriage of justice
6. › Criminal Code (Tas), s 402(1)

Quick Take

Where events after an unequivocal plea of guilty but before sentence bring to the judge's notice that the prisoner may not intend to admit all essential ingredients of the crime, the judge must inquire and advise the prisoner of the effect of the plea and the right to seek leave to change it. Failure to do so constitutes a miscarriage of justice. The proper course is to inform the accused that his factual assertions are inconsistent with the plea and that he should either apply to change the plea or understand that inconsistent assertions will be ignored.