A 'finding' of guilt under s 91(1) of the Criminal Procedure Act 1986 (NSW) need not be in express terms; it is sufficient if the court's acts — accepting the plea, discharging the jury, and proceeding to sentence — constitute an implicit finding of guilt. Once such a finding is made, s 91(2) operates to give it the effect of a jury verdict, and the trial judge has no jurisdiction to permit withdrawal of the plea. The consolidated list of circumstances in which a conviction on a guilty plea may be set aside for miscarriage of justice provides a useful reference for practitioners.
The full text is available to signed-in members, including the 52 later cases that cite this judgment.
16 of the 52 citing cases carry a classified treatment. How each court treated it is available to signed-in members.