REGINA v. BOND [2002] NSWSC 786
The unchallenged affidavit and psychiatric report established that, when the applicant entered the guilty plea, he was under considerable psychological stress and in circumstances such that his will and ability to reason rationally about the course to take were overborne, thereby impugning the integrity of the plea; the plea should therefore be withdrawn and vacated.
- Jurisdiction
- Australia
- Judgment Date
- 30 August 2002
- Procedural Posture
- Criminal Law Murder / Application to Withdraw Plea of Guilty
- Outcome
- Application granted.
- Legal Topics
- ['murder' 'plea of Guilty' 'withdrawal of Plea' 'integrity of Plea' 'psychological Stress']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Law Murder / Application to Withdraw Plea of Guilty
Legal Issues
- 1 ['Whether the accused should be permitted to withdraw his plea of guilty to murder.' 'Whether pressures on the accused at the time of entering the plea impugned the integrity of the plea as an admission of guilt.']
Ratio Decidendi
The unchallenged affidavit and psychiatric report established that, when the applicant entered the guilty plea, he was under considerable psychological stress and in circumstances such that his will and ability to reason rationally about the course to take were overborne, thereby impugning the integrity of the plea; the plea should therefore be withdrawn and vacated.
Court Disposition
Application granted.
Orders
- ['The applicant is permitted to withdraw the plea of guilty to the charge of murder.' 'The plea of guilty is vacated.' 'The matter is re-listed in the arraignment list on 6 September 2002.']
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