R v Susan SAMY [2008] NSWDC 377

R v Susan SAMY [2008] NSWDC 377

The plea of guilty by Ms Samy was equivocal and not attributable to a genuine consciousness of guilt, being attended by nervousness, factual uncertainty, and lack of full understanding, so leave was granted to withdraw the plea.

Jurisdiction
Australia
Judgment Date
23 June 2008
Procedural Posture
Criminal / Application to Withdraw Guilty Plea
Outcome
Leave to withdraw plea of guilty granted.
Legal Topics
['plea Withdrawal' 'malicious Wounding' 'burden of Proof' 'consciousness of Guilt']
['criminal Law'] ['plea Withdrawal' 'malicious Wounding' 'burden of Proof' 'consciousness of Guilt']

Case Brief

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Procedural Posture

Criminal / Application to Withdraw Guilty Plea

Legal Issues

  1. 1 ['Whether leave should be granted to withdraw a guilty plea to a charge of malicious wounding.']

Ratio Decidendi

The plea of guilty by Ms Samy was equivocal and not attributable to a genuine consciousness of guilt, being attended by nervousness, factual uncertainty, and lack of full understanding, so leave was granted to withdraw the plea.

Court Disposition

Leave to withdraw plea of guilty granted.

Orders

  • ['Applicant granted leave to withdraw her plea of guilty entered on 11 May 2007 to the charge that on 6 October 2006 at Yagoona she maliciously wounded Chandra Pal.' 'The prosecution of Ms Susan Samy be stood over for directions at Campbelltown District Court on Friday 27 June 2008.' 'Order under section 77 of the...