Comments for Chris Taylor» Criminal Defence, Criminal Law Lawyers & Criminal Lawyers Sydney http://www.crimelaw.com.au Criminal Lawyer Sydney Fri, 28 May 2010 01:09:31 +0000 hourly 1 http://wordpress.org/?v=3.0.4 Comment on WITHDRAWING A PLEA (OF GUILTY) by admin http://www.crimelaw.com.au/news/withdrawing-a-plea-of-guilty/comment-page-1#comment-42 admin Fri, 28 May 2010 01:09:31 +0000 http://www.crimelaw.com.au/?p=213#comment-42 Hi Tim This sounds a little theoretical. You say the "evidence is there" but presumably this would not yet have been tested, and indeed may not have been accepted by the defendant. The matter would have to be taken in stages. If the Magistrate refused to allow the matter to be withdrawn, it would be a matter of then making application to withdraw the plea (of guilty). The success of that application would be dependent upon issues such as whether the entry of the plea initially was genuinely reflecting a consciousness of guilt. If there are particular facts and matters before the Court I would be pleased to meet to discuss. Kind regards Chris. Hi Tim
This sounds a little theoretical.
You say the “evidence is there” but presumably this would not yet have been tested, and indeed may not have been accepted by the defendant.
The matter would have to be taken in stages.
If the Magistrate refused to allow the matter to be withdrawn, it would be a matter of then making application to withdraw the plea (of guilty).
The success of that application would be dependent upon issues such as whether the entry of the plea initially was genuinely reflecting a consciousness of guilt.
If there are particular facts and matters before the Court I would be pleased to meet to discuss.

Kind regards
Chris.

]]> Comment on WITHDRAWING A PLEA (OF GUILTY) by Tim Harris http://www.crimelaw.com.au/news/withdrawing-a-plea-of-guilty/comment-page-1#comment-41 Tim Harris Fri, 28 May 2010 00:05:21 +0000 http://www.crimelaw.com.au/?p=213#comment-41 Hi Chris, Thankyou for your erudite summary of this matter. I am wondering, however, what the position might be if the prosecution wishes to withdraw/ discontinue a charge after a guilty plea has been entered, as a result of charge bargianing. So, a situation where: multiple charges have been pursued against a defendant; the defendant has appeared in court and has entered a guilty plea to some of the charges; then, before judgment has been determined the prosecution has entered into a plea/charge bargaining process with the defendant and now seeks to withdraw one of the charges to which the defendant has already entered a guilty plea. I am struggling to find cases or commentary on such a scenario. I presume that prosecutorial discretion to pursue charges has elapsed upon entry of the guilty plea, and it is now a matter of judicial discretion. However, I am not sure what scope there is for a judge to strike out a guilty plea on grounds of the prosecution wishing for the charge to be discontinued. The evidence is there, it is purely on the basis of a charge bargaining process that the prosecution seek to discontinue a particular charge. Hi Chris,

Thankyou for your erudite summary of this matter. I am wondering, however, what the position might be if the prosecution wishes to withdraw/ discontinue a charge after a guilty plea has been entered, as a result of charge bargianing.

So, a situation where: multiple charges have been pursued against a defendant; the defendant has appeared in court and has entered a guilty plea to some of the charges; then, before judgment has been determined the prosecution has entered into a plea/charge bargaining process with the defendant and now seeks to withdraw one of the charges to which the defendant has already entered a guilty plea.

I am struggling to find cases or commentary on such a scenario. I presume that prosecutorial discretion to pursue charges has elapsed upon entry of the guilty plea, and it is now a matter of judicial discretion. However, I am not sure what scope there is for a judge to strike out a guilty plea on grounds of the prosecution wishing for the charge to be discontinued. The evidence is there, it is purely on the basis of a charge bargaining process that the prosecution seek to discontinue a particular charge.

]]>