Where the facts presented to a sentencing judge on a plea of guilty — whether by the prosecution or the defence — disclose that the accused has at least arguably a complete defence to the charge, the judge must direct that a plea of not guilty be entered. The defence of sudden or extraordinary emergency under s 25 of the Criminal Code 1899 (Qld) is available to a charge of dangerous driving, and once the evidentiary onus is satisfied, the prosecution bears the onus of negativing the defence beyond reasonable doubt.
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