The defendant had entered a plea of guilty to a charge of manslaughter, but now sought to vacate that plea. There had been a fight after a wedding reception. The defendant was said to have joined in a multi-handed attack on the victim. The defendant said that he had only approached the victim after he was in all probability dead and had only punched the body. He said he had been pressurised by repeated requests to enter the plea.
Held: He had in fact been sentenced on the basis if the facts which he still admitted. The judge had exercised his discretion correctly.
Citations:
[2004] EWCA Crim 2848
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Hall CACD 1968
Defendant’s right to apply to vacate a plea of guilty. . .
Cited – Regina v Sheikh, Sheikh and Sheikh CACD 8-Mar-2004
For an appeal to succeed in respect of a trial judge’s exercise of discretion to refuse a change of plea from Guilty to Not Guilty: ‘It must be shown that the judge misdirected himself or took account of matters which he should not have taken . .
Cited – Regina v B CACD 2002
‘The law is very clear. The court of trial possesses a discretion to allow a defendant to change his or her plea of Guilty to one of Not Guilty at any time before sentence even though the plea may be said to be unequivocal: see the decision of this . .
Cited – Regina v Turner CACD 1970
The court considered an appeal where the defendant had entered a plea of guilty but had felt himself under undue pressure from the judge.
Held: The court urged caution in the practice of counsel seeing the judge in his chambers, though . .
Cited – S v Recorder of Manchester and Others HL 1971
S, a 16 year old boy pleaded guilty to attempted rape before a juvenile court. The magistrates adjourned the case for inquiry reports. On the adjourned hearing, his legal representative referred to evidence of the boy’s mental condition, and asked . .
Cited – Regina v Cantor CACD 1991
The court of appeal declined to lay down any rules of practice concerning changes of plea. It was for trial judges to decide how to respond to an application for that to be done. . .
Cited – Regina v Drew CACD 1985
The court considered when a judge should allow a defendant to withdraw a plea of guilty: ‘only rarely would it be appropriate for the trial judge to exercise his undoubted discretion in favour of an accused person wishing to change an unequivocal . .
Cited – Regina v Dodd CACD 1981
. .
Cited – Regina v McGovern CACD 13-Feb-1998
The court considered an application to withdraw an unequivocal guilty plea: ‘What is, of course, highly material is whether or not on the Crown case there was evidence to support the charge in the terms to which the plea was entered and whether or . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 27 June 2022; Ref: scu.219519