Schneider v R [2014] NSWDC 131

Schneider v R [2014] NSWDC 131

The court was not satisfied that Mr Schneider's pleas of guilty were genuine acknowledgements of guilt, given lack of proper advice from his solicitor and misunderstanding of the offences. To prevent a miscarriage of justice, leave to withdraw the pleas of guilty and quashing of the convictions is granted.

Jurisdiction
Australia
Judgment Date
10 March 2014
Procedural Posture
Criminal / Application to Withdraw Pleas of Guilty; Post Conviction
Outcome
Application allowed; convictions quashed; matters remitted to Local Court
Legal Topics
['withdrawal of Guilty Plea' 'miscarriage of Justice' 'liquor Licensing Offences']
['criminal Law'] ['withdrawal of Guilty Plea' 'miscarriage of Justice' 'liquor Licensing Offences']

Case Brief

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Procedural Posture

Criminal / Application to Withdraw Pleas of Guilty; Post Conviction

Legal Issues

  1. 1 ['Whether the applicant should be permitted to withdraw pleas of guilty to charges of selling alcohol not in terms of licence' 'Whether convictions should be quashed and matter remitted to Local Court']

Ratio Decidendi

The court was not satisfied that Mr Schneider's pleas of guilty were genuine acknowledgements of guilt, given lack of proper advice from his solicitor and misunderstanding of the offences. To prevent a miscarriage of justice, leave to withdraw the pleas of guilty and quashing of the convictions is granted.

Court Disposition

Application allowed; convictions quashed; matters remitted to Local Court

Orders

  • ['Application to withdraw pleas of guilty is allowed' 'Convictions quashed' 'Matter remitted to Local Court at Ballina on a date to be fixed']