R v Raymond Kennedy [2014] NSWSC 1921

R v Raymond Kennedy [2014] NSWSC 1921

The applicant failed to establish any irregularity or miscarriage of justice in the entry of his guilty plea. The Court accepted that he had received extensive advice, sufficiently understood the Crown case and the legal basis of liability for murder, and voluntarily acknowledged guilt. His disputes about personal participation in the assault and prior knowledge of the robbery plan did not affect the integrity of the plea, and his evidence of perceived pressure did not show improper pressure or that the plea was not a free and voluntary admission.

Jurisdiction
Australia
Judgment Date
05 December 2014
Procedural Posture
Criminal Application for Leave to Withdraw a Plea of Guilty to Murder / Pre Sentence Application
Outcome
Application for leave to withdraw the plea of guilty to a charge of murder refused; motion dismissed.
Legal Topics
['murder' 'withdrawal of Guilty Plea' 'miscarriage of Justice' 'joint Criminal Enterprise' 'constructive Murder' 'legal Representation']
['criminal Law' 'criminal Procedure'] ['murder' 'withdrawal of Guilty Plea' 'miscarriage of Justice' 'joint Criminal Enterprise' 'constructive Murder' 'legal Representation']

Case Brief

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Procedural Posture

Criminal Application for Leave to Withdraw a Plea of Guilty to Murder / Pre Sentence Application

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to withdraw his plea of guilty to murder before sentence.' 'Whether the plea of guilty was entered freely and voluntarily with an understanding of the nature of the charge and the basis of liability.' "Whether perceived pressure from the applicant's former legal representatives meant that allowing the plea to stand would cause a miscarriage of justice."]

Ratio Decidendi

The applicant failed to establish any irregularity or miscarriage of justice in the entry of his guilty plea. The Court accepted that he had received extensive advice, sufficiently understood the Crown case and the legal basis of liability for murder, and voluntarily acknowledged guilt. His disputes about personal participation in the assault and prior knowledge of the robbery plan did not affect the integrity of the plea, and his evidence of perceived pressure did not show improper pressure or that the plea was not a free and voluntary admission.

Court Disposition

Application for leave to withdraw the plea of guilty to a charge of murder refused; motion dismissed.

Orders

  • ['Leave to withdraw the plea of guilty to the charge of murder is refused.' "The applicant's motion is dismissed." 'The matter is listed for sentence on 13 March 2015 at Sydney Supreme Court.']