[robbery - guilty plea, effect on sentence of]

R. v. Ferguson

Supreme Court of Van Diemen's Land

Pedder C.J., 9 October 1837

Source: Cornwall Chronicle (Supplement), 14 October 1837[1]

Robert Ferguson - was charged with cutting, maiming, and robbing Francis Spence.

The prisoner asked permission to withdraw his former plea of Not Guilty - and to plead Guilty.

His Honor strongly urged the prisoner to plead not guilty, and assured him that the circumstance of his leading guilty would not in the least be taken into consideration in passing sentence.

Prisoner still persisted in pleading guilty.

His Honor advised him again in the most feeling manner, that his present plea would not benefit him in the least, for if, upon reading over the depositions - he found that circumstances were such as would, if he were tried and found guilty - justify his Honor to leaving the prisoner for execution, his pleading guilty would not in the least alter that sentence.

The prisoner, however, still persisted, and a verdict of Guilty was recorded.

Notes