R v Nguyen [2012] NSWSC 1583

R v Nguyen [2012] NSWSC 1583

The applicant's guilty pleas were freely and voluntarily entered with the benefit of legal advice and interpreter assistance; he understood the charges and consequences; no mistake, misunderstanding, or impropriety exists to justify withdrawal of the pleas.

Jurisdiction
Australia
Judgment Date
14 December 2012
Procedural Posture
Criminal / Application to Withdraw Guilty Pleas Before Sentencing
Outcome
Application to withdraw guilty pleas denied.
Legal Topics
['withdrawal of Guilty Plea' 'manslaughter' 'causation' 'self Defence']
['criminal Law'] ['withdrawal of Guilty Plea' 'manslaughter' 'causation' 'self Defence']

Case Brief

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Procedural Posture

Criminal / Application to Withdraw Guilty Pleas Before Sentencing

Legal Issues

  1. 1 ['Whether the applicant should be permitted to withdraw his guilty pleas entered on 19 July 2012.' 'Whether the pleas were entered freely, voluntarily and with proper understanding of the charges and consequences.']

Ratio Decidendi

The applicant's guilty pleas were freely and voluntarily entered with the benefit of legal advice and interpreter assistance; he understood the charges and consequences; no mistake, misunderstanding, or impropriety exists to justify withdrawal of the pleas.

Court Disposition

Application to withdraw guilty pleas denied.

Orders

  • ['Application to withdraw pleas of guilty entered on 19 July 2012 denied.' 'Listed in the arraignment list before Latham J on 1 February 2013 to allocate a Judge and date for sentence.' 'Grant liberty to the parties to approach Latham J to obtain an earlier date.' 'Bail refused.']