Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14:

1. On 12 March 2023, Mr Roger Kilby ("the applicant") was charged with murder, contrary to s 18(1)(a) of the Crimes Act 1900 (NSW) ("Crimes Act").

2. On 21 February 2025, the matter came before the Local Court at Parkes. On that date, the Magistrate committed the matter to the Supreme Court of New South Wales for sentence.

3. The applicant moves on an Amended Notice of Motion, dated 18 June 2025, seeking to return the proceedings to the Local Court at Dubbo for a further committal hearing pursuant to s 101(1)(c) of the Criminal Procedure Act 1986 (NSW) ("CPA"). The section provides:

101 Higher court may refer accused person back to Magistrate

(1) A Judge of the District Court or the Supreme Court before whom an accused person is brought under section 97 (6) may order that the committal proceedings be continued before a Magistrate if-

...

(c) for any other reason, the Judge thinks fit to do so.

(2) On the resumption of the committal proceedings, the proceedings continue as if the person had not pleaded guilty.

4. The applicant submitted that some uncertainty attaches to whether the Magistrate ascertained if the applicant was pleading guilty to the offence specified on the charge certificate as mandated by s 95(4) of the CPA. Accordingly, a question arises as to whether a plea was "entered" and "accepted" by the Magistrate for the purpose of s 25D(2)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) ("CSPA").

5. The applicant relied upon an affidavit of his solicitor, Ms Al Majed, affirmed on 29 May 2025. Annexed to the affidavit was a "Transcript of Audio Recording of Committal at Parkes Local Court on 21 February 2025" which was not objected to by the Crown.

6. The applicant appeared via audio visual link. Ms Al Majed was appearing on behalf of the applicant also via audio visual link. It was noted that the proceedings were hindered by technological difficulties with the audio visual link system.

7. The Magistrate enquired whether the matter was to be committed for trial or for sentence. Due to the technological difficulties, no response by Ms Al Majed was transcribed. However, the Director of Public Prosecutions solicitor responded that the matter is to be committed for sentence. Immediately following, Ms Al Majed is heard to say: "Sentence - ".

8. The case conference certificate was handed up to the Magistrate.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197f1aaa38a42c35c60d0681)

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