In Victoria, where an accused pleads not guilty to a more serious charge but guilty to a lesser offence on the same presentment and the Crown does not accept the guilty plea, the trial should proceed on all counts following the Broadbent practice, not the English Cole practice of removing the lesser count from the jury. A plea of guilty does not mature into a conviction until sentence is imposed, so it cannot found a plea of autrefois convict to a more serious charge tried subsequently on the same presentment.
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