A conviction entered orally by a judge following a plea of guilty, where the accused has been remanded for sentence but not yet sentenced, is not a 'final' conviction for the purposes of the double jeopardy provision in s 52AA(6) of the Crimes Act 1900 (NSW). Such a conviction, being either provisional (per Grove J and Smart AJ) or unperfected by endorsement on the indictment (per Hulme J), may be vacated by another judge of the same court, and does not bar prosecution for murder on the same facts. A single erroneous word in a supplementary jury direction on the mental element of murder by reckless indifference does not constitute a miscarriage of justice where correct directions were given repeatedly and in writing.
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