R v Schipp

[2013] QCA 197

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Procedure
3. › Pleas
4. › Plea of guilty
5. › Effect of plea and allocutus
6. › Whether nolle prosequi can be entered after verdict
7. › Whether entry of nolle prosequi against co-accused after applicant's conviction affected applicant
8. › Criminal Code 1899 (Qld), ss 563, 648, 649, 650
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Manifestly excessive sentence
5. › Malicious act with intent
6. › Premeditated attack
7. › Procurement of others
8. › Luring victim to isolated location
9. › Whether sentence of five and a half years' imprisonment manifestly excessive

Quick Take

A nolle prosequi entered on an indictment in respect of a co-accused after another accused has pleaded guilty and the allocutus has been administered does not affect the convicted person's plea or conviction. The power to enter a nolle prosequi under s 563 of the Criminal Code 1899 (Qld) ceases with the verdict, consistently with the common law position stated in Beckett v New South Wales.

Case Details

Citation[2013] QCA 197

CourtQCA

JurisdictionQueensland

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Relies on16

2013Beckett v New South WalesHCA 17
2012R v VerrallQCA 310
2008R v CarkeetQCA 143
2006R v MitchellQCA 240
and 12 more after sign-in

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