R v Black (No 1) [2021] NSWSC 73

R v Black (No 1) [2021] NSWSC 73

Leave to withdraw the guilty plea was granted because the accused was acting under a mistaken belief about the effect of the plea, had communication difficulties, always maintained self-defence, and did not have a real consciousness of guilt at the time of the plea.

Jurisdiction
Australia
Judgment Date
01 February 2021
Procedural Posture
Criminal / Pre Trial Ruling on Application to Withdraw Guilty Plea
Outcome
Leave granted for the accused to withdraw the plea of guilty to manslaughter.
Legal Topics
['withdrawal of Guilty Plea' 'manslaughter' 'self Defence' 'pre Trial Applications']
['criminal Law'] ['withdrawal of Guilty Plea' 'manslaughter' 'self Defence' 'pre Trial Applications']

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Procedural Posture

Criminal / Pre Trial Ruling on Application to Withdraw Guilty Plea

Legal Issues

  1. 1 ['Whether leave should be granted to the accused to withdraw his plea of guilty to the charge of manslaughter']

Ratio Decidendi

Leave to withdraw the guilty plea was granted because the accused was acting under a mistaken belief about the effect of the plea, had communication difficulties, always maintained self-defence, and did not have a real consciousness of guilt at the time of the plea.

Court Disposition

Leave granted for the accused to withdraw the plea of guilty to manslaughter.

Orders

  • ['Leave is granted for the accused to withdraw the earlier plea of guilty to the charge of manslaughter.' 'Suppression order prohibiting publication of information revealing the prior plea of guilty, under s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW).']