For a plea of autrefois convict to succeed in NSW, the accused must establish both conviction (finding of guilt) and sentence (final disposal of the case); a finding of guilt without sentence is insufficient. A judge's ruling upholding a plea in bar in the nature of autrefois convict amounts to an acquittal, which is a final decision from which no Crown appeal lies under s 5F of the Criminal Appeal Act 1912. The question of whether Maxwell v The Queen establishes a majority view requiring sentence for autrefois convict remains open for High Court determination.
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