R v Kaewklom (No. 2) [2012] NSWSC 1117

R v Kaewklom (No. 2) [2012] NSWSC 1117

It is not open in law for the Offender to apply to withdraw his plea of guilty where s.157 Criminal Procedure Act 1986 procedure was followed, as the court lacks jurisdiction to entertain the application.

Parties
Crown: Regina; Offender: Kukiat "Gang" Kaewklom
Jurisdiction
Australia
Judgment Date
17 September 2012
Procedural Posture
Criminal / Post Conviction, Procedural Ruling Before Sentencing
Outcome
application dismissed; Court lacks jurisdiction to entertain application for leave to withdraw plea of guilty; sentencing adjourned
Legal Topics
Murder, Change of Plea, Substantial Mental Impairment, Withdrawal of Guilty Plea, Jurisdiction, Procedure Under S.157 Criminal Procedure Act 1986
Criminal Law Murder Change of Plea Substantial Mental Impairment Withdrawal of Guilty Plea Jurisdiction Procedure Under S.157 Criminal Procedure Act 1986

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 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Regina

Crown

Kukiat "Gang" Kaewklom

Offender

Procedural Posture

Criminal / Post Conviction, Procedural Ruling Before Sentencing

Legal Issues

  1. 1 whether the Court has jurisdiction to entertain an application for leave to withdraw plea of guilty after s.157 procedure followed

Ratio Decidendi

It is not open in law for the Offender to apply to withdraw his plea of guilty where s.157 Criminal Procedure Act 1986 procedure was followed, as the court lacks jurisdiction to entertain the application.

Court Disposition

application dismissed; Court lacks jurisdiction to entertain application for leave to withdraw plea of guilty; sentencing adjourned

Orders

  • Counsel and solicitor for the Offender granted leave to withdraw; sentencing hearing adjourned to allow Offender to retain new legal representatives