COURT OF CRIMINAL APPEAL CITATION : Attorney General's reference under s 693A of the Criminal Code

[2002] WASCA 242

Western Australia Court of Appeal

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Catchwords

1. Criminal Law
2. › Indictment
3. › Alternative counts
4. › Plea of guilty to alternative count
5. › Whether trial judge may act on plea where prosecution declines to accept in satisfaction of indictment
6. › Whether court may override prosecutorial discretion
7. › Criminal Code (WA), s 693A
1. Criminal Law
2. › Prosecutorial discretion
3. › Decision to accept or reject plea to lesser charge
4. › Insusceptibility of judicial review
5. › Separation of executive and judicial functions
6. › Exceptions for abuse of process and fairness to accused

Quick Take

A trial judge has no power to act on an accused's plea of guilty to an alternative count in an indictment where the prosecution has declined to accept that plea in satisfaction of the indictment, unless it is necessary to ensure fairness to the accused or to prevent an abuse of process. The decision whether to accept or reject a plea to a lesser or alternative charge is an executive function for the prosecutor, not the court.