R v Li [2020] NSWDC 726

R v Li [2020] NSWDC 726

The appellant demonstrated on the balance of probabilities that the pleas of guilty were not freely and voluntarily made, nor attributable to a genuine consciousness of guilt, and there was probably a mistake or oversight in advice from her solicitor, compounded by lack of interpreter assistance. Leave to appeal is granted, convictions and penalties set aside, and proceedings remitted to the Local Court.

Jurisdiction
Australia
Judgment Date
24 November 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Guilty Pleas in Local Court
Outcome
Appeal allowed; convictions set aside; remitted to Local Court for redetermination
Legal Topics
['appeal Against Conviction' 'guilty Plea Integrity' 'withdrawal of Guilty Plea' 'legal Advice and Interpreters']
['criminal Law'] ['appeal Against Conviction' 'guilty Plea Integrity' 'withdrawal of Guilty Plea' 'legal Advice and Interpreters']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction After Guilty Pleas in Local Court

Legal Issues

  1. 1 ['Whether the guilty pleas entered by the appellant were a free and voluntary confession' 'Whether there was mistake or misunderstanding affecting the integrity of the pleas' 'Whether appellant received proper legal advice and interpreter assistance']

Ratio Decidendi

The appellant demonstrated on the balance of probabilities that the pleas of guilty were not freely and voluntarily made, nor attributable to a genuine consciousness of guilt, and there was probably a mistake or oversight in advice from her solicitor, compounded by lack of interpreter assistance. Leave to appeal is granted, convictions and penalties set aside, and proceedings remitted to the Local Court.

Court Disposition

Appeal allowed; convictions set aside; remitted to Local Court for redetermination

Orders

  • ['Leave granted pursuant to s.12(1) Crimes (Appeal and Review) Act 2001 to bring appeal against conviction' 'Convictions and penalties set aside pursuant to s.20(1)(c); matter remitted to Local Court for redetermination' 'Adjourned for mention at Penrith Local Court on 1 December 2020']