‘It is said that the convictions are unsafe because the judge’s indication was so generous that the offer was irresistible to any defendant, whether guilty or not, or at least it operated to apply inappropriate pressure so that the pleas should not be regarded as truly voluntary. This is in part because of the failure to follow the procedure in R v. Goodyear [2005] EWCA Crim 888, 2005 1 WLR 2532, but only in part. It is also submitted that even if Goodyear had been properly complied with the indication given was so lenient that the pressure it applied should still have the same effect. ‘
Judges:
Lord Justice Edis
Mr Justice Hilliard
His Honour Judge Dean QC
(Sitting as a Judge of the Court of Appeal Criminal Division)
Citations:
[2021] EWCA Crim 2003
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Goodyear, Karl, Regina v CACD 19-Apr-2005
The defendant complained that he had pleaded guilty to a charge of corruption on the basis of an indication from the judge that he would not receive a custodial sentence. Having pleaded guilty he had then been sentenced to a six months prison . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 07 February 2022; Ref: scu.671627