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Regina v Brahmbhatt: CACD 27 Mar 2014

The defendant appealed against his conviction saying that the plea was entered under duress of circumstance. He was a solicitor accused of taking prohibited items into prison for his clients. He said that he had been threatened at the point of a gun.
Held: The appeal was rejected and the appellants evidence dimissed as unreliable: ‘The appellant (although still young) was an experienced criminal solicitor; he was represented by very experienced counsel and solicitor. He was put under no pressure of time or circumstances by the judge or his counsel. Yet he chose to volunteer the fact of his guilt. He apologised for misleading his legal team. Counsel explained in words of one syllable, that a layman could have understood, that he should not plead guilty unless he was guilty. He was advised he had several options. Yet, the appellant decided he would plead guilty. He signed a statement and an endorsement to the effect he was guilty. We do not underestimate the effect of the strain he was under (faced with the loss of his career for which he had worked hard and with imprisonment) but that strain was not such as to deprive him of his free will. There is nothing to suggest he was forced to plead or that the plea is unreliable. ‘

Hallett LJ VP CACD, Cox, Eder JJ
[2014] EWCA Crim 573
Bailii
England and Wales
Citing:
CitedRegina v Doherty and McGregor CACD 1997
Fresh counsel instructed by McGregor on appeal alleged incompetence on the part of trial counsel.
Held: Where a fresh advocate is instructed to advance an application for leave to appeal based on the conduct of the trial, s/he should consider . .

Lists of cited by and citing cases may be incomplete.

Crime, Criminal Practice

Updated: 02 November 2021; Ref: scu.523378

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