R v BS & JH Bailey Pty Limited [2016] NSWDC 148

R v BS & JH Bailey Pty Limited [2016] NSWDC 148

The defendant was not in possession of all relevant facts when the guilty plea was entered, because the evidence in Troy Mills's affidavit about the warning sign had only emerged well after the plea. That fact was relevant and potentially significant to guilt or innocence, Mr Bailey acted promptly on receiving it, and the delays were not the defendant's fault; fairness therefore required leave to withdraw the plea.

Jurisdiction
Australia
Judgment Date
19 July 2016
Procedural Posture
Criminal Occupational Health and Safety Prosecution / Ruling on Leave to Withdraw a Plea of Guilty
Outcome
Leave granted to withdraw the plea of guilty; plea of not guilty noted.
Legal Topics
['withdrawal of Guilty Plea' 'good Cause for Plea Withdrawal' 'defendant Not in Possession of All Facts When Plea Entered' 'workplace Scaffolding Incident']
['criminal Law' 'occupational Health and Safety'] ['withdrawal of Guilty Plea' 'good Cause for Plea Withdrawal' 'defendant Not in Possession of All Facts When Plea Entered' 'workplace Scaffolding Incident']

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Procedural Posture

Criminal Occupational Health and Safety Prosecution / Ruling on Leave to Withdraw a Plea of Guilty

Legal Issues

  1. 1 ['Whether the defendant should be granted leave to withdraw the plea of guilty entered on 9 February 2015.' 'Whether newly disclosed evidence that an incomplete scaffold warning sign had been placed before the incident was a relevant fact not known to the defendant when the plea was entered.']

Ratio Decidendi

The defendant was not in possession of all relevant facts when the guilty plea was entered, because the evidence in Troy Mills's affidavit about the warning sign had only emerged well after the plea. That fact was relevant and potentially significant to guilt or innocence, Mr Bailey acted promptly on receiving it, and the delays were not the defendant's fault; fairness therefore required leave to withdraw the plea.

Court Disposition

Leave granted to withdraw the plea of guilty; plea of not guilty noted.

Orders

  • ['The defendant is granted leave to withdraw the plea of guilty entered on 9 February 2015.' 'The plea entered is a plea of NOT GUILTY.' 'The matter is to be listed on 1 August 2016 for mention before the list judge.']