R v Wilkinson (No. 4) [2009] NSWSC 323

R v Wilkinson (No. 4) [2009] NSWSC 323

The Applicant failed to establish a good and substantial reason for leave to withdraw his plea. The Court was satisfied that he remained fit to be tried, understood that pleading guilty to murder admitted the elements of that offence, freely chose to plead guilty to obtain a perceived sentencing advantage, and that no psychiatric or other evidence undermined the integrity of the plea or showed that holding him to it would cause a miscarriage of justice.

Jurisdiction
Australia
Judgment Date
21 April 2009
Procedural Posture
Criminal Proceeding / Application for Leave to Withdraw Plea of Guilty to Murder Before Sentence
Outcome
Application refused.
Legal Topics
['withdrawal of Guilty Plea' 'murder' 'fitness to Be Tried' 'substantial Mental Impairment' 'provocation']
['criminal Law' 'criminal Procedure'] ['withdrawal of Guilty Plea' 'murder' 'fitness to Be Tried' 'substantial Mental Impairment' 'provocation']

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Procedural Posture

Criminal Proceeding / Application for Leave to Withdraw Plea of Guilty to Murder Before Sentence

Legal Issues

  1. 1 ['Whether the Court had discretion before sentence to grant leave to withdraw a plea of guilty to murder after conviction had been entered on the plea.' 'Whether the Applicant established a good and substantial reason to withdraw his plea of guilty to murder.' 'Whether the plea of guilty to murder was a free and voluntary admission attributable to a genuine consciousness of guilt.' 'Whether psychiatric evidence concerning fitness to be tried, substantial mental impairment or provocation affected the integrity of the plea.']

Ratio Decidendi

The Applicant failed to establish a good and substantial reason for leave to withdraw his plea. The Court was satisfied that he remained fit to be tried, understood that pleading guilty to murder admitted the elements of that offence, freely chose to plead guilty to obtain a perceived sentencing advantage, and that no psychiatric or other evidence undermined the integrity of the plea or showed that holding him to it would cause a miscarriage of justice.

Court Disposition

Application refused.

Orders

  • ['Application for leave to withdraw the plea of guilty to murder is refused.']