REGINA v. LULHAM [2000] NSWSC 687

REGINA v. LULHAM [2000] NSWSC 687

The offender had been advised by competent and independent counsel and solicitor, the plea was entered with awareness of the relevant facts and nature of the charge, and no evidence showed that his will was overborne, that he lacked the relevant mental state, that the proceedings were tainted, or that an arguable issue for trial remained. A later attempt to minimise culpability or concern about a sentencing discount was insufficient to withdraw the guilty plea.

Jurisdiction
Australia
Judgment Date
17 July 2000
Procedural Posture
Criminal Proceeding for Murder / Application to Withdraw Plea of Guilty After Conviction on Plea
Outcome
Application to withdraw plea of guilty dismissed.
Legal Topics
['plea of Guilty' 'application to Withdraw Plea' 'murder' 'accessory Before the Fact' 'mental State' 'miscarriage of Justice']
['criminal Law'] ['plea of Guilty' 'application to Withdraw Plea' 'murder' 'accessory Before the Fact' 'mental State' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Proceeding for Murder / Application to Withdraw Plea of Guilty After Conviction on Plea

Legal Issues

  1. 1 ['Whether the offender should be permitted to withdraw his plea of guilty to murder.' 'Whether the plea was vitiated by undue influence, pressure, mistake, lack of understanding, or an overborne will.' "Whether there remained an arguable issue as to the offender's guilt, including his relevant mental state as an accessory before the fact." 'Whether concern about losing a sentencing discount or a later change of mind was sufficient to impugn the plea.']

Ratio Decidendi

The offender had been advised by competent and independent counsel and solicitor, the plea was entered with awareness of the relevant facts and nature of the charge, and no evidence showed that his will was overborne, that he lacked the relevant mental state, that the proceedings were tainted, or that an arguable issue for trial remained. A later attempt to minimise culpability or concern about a sentencing discount was insufficient to withdraw the guilty plea.

Court Disposition

Application to withdraw plea of guilty dismissed.

Orders

  • ['Application to withdraw plea of guilty dismissed']