Saik v Regina: CACD 24 Nov 2004

The defendant appealed his conviction for conspiracy to launder the proeeds of crime. He had tendered the plea on the basis that he had only suspected and not known that the funds were the proceeds of crime. Whether to allow a defendant to withdraw a plea: ‘For an appeal against conviction to succeed on the basis that the plea was tendered following erroneous advice it seems to us that the facts must be so strong as to show that the plea of guilty was not a true acknowledgment of guilt. The advice must go to the heart of the plea, so that as in the cases of Inns and Turner the plea would not be a free plea and what followed would be a nullity.’

Citations:

[2004] EWCA Crim 2936, Times 29-Nov-2004

Links:

Bailii

Statutes:

Criminal Law Act 1977

Jurisdiction:

England and Wales

Cited by:

CitedDirector of Public Prosecutions v Toney Admn 14-Jul-2005
The defendant appealed a refusal to allow him to withdraw a plea of guilty. He was accused of assaulting his wife. He had had legal advice before interview and trial.
Held: Though the defendant had not waived privilege a note had been placed . .
Appeal fromSaik, Regina v HL 3-May-2006
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Crime

Updated: 01 July 2022; Ref: scu.226820