Western Australian Current Acts Western Australian Current Acts (1) This section
applies if —
(a) an
accused pleads guilty to an indictable charge before a court of summary
jurisdiction (the lower court ); and
(b) the
lower court, without convicting the accused, commits the accused to a superior
court for sentence on the charge; and
(c) the
accused is subsequently charged with the charge in an indictment.
(2) The accused must
be required to plead to the charge in the indictment in the same manner as
other accused.
(3) If the accused
pleads guilty to the charge in the indictment then, unless subsection (5)
applies, the superior court must accept the plea of guilty and deal with the
accused according to law.
(4) If the accused
does not plead guilty to the charge in the indictment then, unless subsection
(5) applies, the superior court must order the prosecutor to state aloud the
material facts of the charge and —
(a) if
it is satisfied that those facts do not differ materially from the material
facts disclosed to the accused under section 35 at the time the accused
pleaded guilty to the offence charged in the lower court, must enter a plea of
guilty on behalf of the accused; or
(b) if
it is not so satisfied, must enter a plea of not guilty on behalf of the
accused,
and deal with the
accused according to law.
(5) Irrespective of
whether the accused does or does not plead guilty to the charge in the
indictment, the court, despite subsections (3) and (4), may enter a plea of
not guilty on behalf of the accused if —
(a)
having considered —
(i)
the material served on the accused under section 35 or
95; and
(ii)
the facts stated by the prosecutor under section 129,
the court is satisfied
that the accused could not have or may not have committed the offence charged;
or
(b)
having considered any evidence the court decides to admit, the court is
satisfied that the plea before the lower court was made under a material
misunderstanding as to the charge, the plea or the purpose of the proceedings.
(6) If under this
section a superior court enters a plea of not guilty on behalf of an accused,
the prosecutor must lodge and serve the material referred to in section 95(6)
within such period as the court orders.
(7) A plea entered by
a court under this section on behalf of an accused has the same effect as if
it had been actually pleaded.