Blacktown City Council v Wilkie (No 15) [2016] NSWLEC 98

Blacktown City Council v Wilkie (No 15) [2016] NSWLEC 98

Leave to withdraw Mr Floyd's guilty plea is granted because the plea was not attributable to a genuine consciousness of guilt and there are 'issuable' questions about guilt, including the arguable availability of a plea in bar of autrefois convict and impossibility of compliance. Confusion about which orders were breached and absence of advice on available defences created a miscarriage of justice, which outweighs finality in litigation.

Parties
Applicant: Blacktown City Council; First Respondent: Misty Wilkie; Second Respondent: Mark Reid (also known as Craig Floyd); Third Respondent: Graveyard Recycling Pty Ltd
Jurisdiction
Australia
Judgment Date
09 August 2016
Procedural Posture
Contempt Application / Application for Leave to Withdraw Plea of Guilty Before Sentencing
Outcome
Leave granted to withdraw guilty plea. Costs apportioned.
Legal Topics
Contempt of Court, Withdrawal of Guilty Pleas, Double Jeopardy (autrefois Convict), Impossibility of Compliance, Enforcement of Court Orders, Costs
Environmental Law Civil Procedure Criminal Contempt Contempt of Court Withdrawal of Guilty Pleas Double Jeopardy (autrefois Convict) Impossibility of Compliance Enforcement of Court Orders +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 53 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Blacktown City Council

Applicant

Misty Wilkie

First Respondent

Mark Reid (also known as Craig Floyd)

Second Respondent

Graveyard Recycling Pty Ltd

Third Respondent

Procedural Posture

Contempt Application / Application for Leave to Withdraw Plea of Guilty Before Sentencing

Legal Issues

  1. 1 Whether leave should be granted to withdraw a plea of guilty to contempt charges
  2. 2 Whether the plea of guilty was attributable to a genuine consciousness of guilt
  3. 3 Whether there are 'issuable' questions as to guilt such as plea in bar of autrefois convict or impossibility of compliance

Ratio Decidendi

Leave to withdraw Mr Floyd's guilty plea is granted because the plea was not attributable to a genuine consciousness of guilt and there are 'issuable' questions about guilt, including the arguable availability of a plea in bar of autrefois convict and impossibility of compliance. Confusion about which orders were breached and absence of advice on available defences created a miscarriage of justice, which outweighs finality in litigation.

Court Disposition

Leave granted to withdraw guilty plea. Costs apportioned.

Orders

  • Leave is granted to the second respondent to withdraw his plea of guilty entered on 28 June 2011.
  • Each party is to bear their own costs of the proceedings up to commencement of oral hearing on 18 March 2013; thereafter, applicant to pay second respondent's costs of the hearing. Parties may seek alternative costs order within 21 days.