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Regina v Smith, Beaney: CACD 18 Mar 1999

The defendants appealed their convictions, saying that the guilty pleas had been obtained by pressure. On the day of the trial, there had been conversations between their representatives, in the course of which inconsistent admissions were made. Counsel were ‘professionally embarassed’ and they and the solicitors withdrew. The judge refused an adjournment. The trial began, but at lunch the clients re-instructed their solicitors and pleaded guilty. Both defendants had difficulty reading.
Held: Applying Turner ‘Here, circumstances combined to deprive these appellants of that freedom of choice.’

Judges:

Lord Justice Henry Mr Justice Butterfield And His Honour Judge Grigson

Citations:

[1999] EWCA Crim 750

Jurisdiction:

England and Wales

Citing:

AppliedRegina 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 25 October 2022; Ref: scu.157150

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