R v Wilkinson (No. 2) [2008] NSWSC 1432

R v Wilkinson (No. 2) [2008] NSWSC 1432

The court determined that the issue of whether it has power to entertain the application to withdraw the plea of guilty to murder after conviction but before sentencing is significant and should be determined after further submissions; the matter is adjourned for a full hearing on this issue.

Jurisdiction
Australia
Judgment Date
19 December 2008
Procedural Posture
Criminal / Application for Leave to Withdraw Plea of Guilty to Murder, Post Conviction But Pre Sentence
Outcome
application adjourned
Legal Topics
['plea Withdrawal' 'conviction' 'jurisdiction' 'sentencing Adjournment']
['criminal Law'] ['plea Withdrawal' 'conviction' 'jurisdiction' 'sentencing Adjournment']

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Procedural Posture

Criminal / Application for Leave to Withdraw Plea of Guilty to Murder, Post Conviction But Pre Sentence

Legal Issues

  1. 1 ['Whether the Court has jurisdiction to entertain an application for leave to withdraw a plea of guilty to murder after conviction but before sentencing.']

Ratio Decidendi

The court determined that the issue of whether it has power to entertain the application to withdraw the plea of guilty to murder after conviction but before sentencing is significant and should be determined after further submissions; the matter is adjourned for a full hearing on this issue.

Court Disposition

application adjourned

Orders

  • ['The Offender is to file and serve any evidence in support of the application for leave to withdraw the plea of guilty by 4.00 pm on 14 January 2009.' 'The Crown is to file and serve any material upon which it seeks to rely by 4.00 pm on 21 January 2009.' 'The part heard hearing of the application for leave to...