Regina v Sewell [2002] NSWCCA 7

Regina v Sewell [2002] NSWCCA 7

The appellant deliberately, voluntarily, and with full knowledge entered pleas of guilty to the counts in open court. Resiling from the plea agreement did not entitle him to withdraw the pleas. The sentencing judge acted within discretion and took relevant factors into account.

Parties
Respondent: Regina; Appellant: Thomas Joseph Sewell
Jurisdiction
Australia
Judgment Date
01 February 2002
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence
Outcome
Appeal against conviction dismissed; application for leave to appeal against sentence dismissed.
Legal Topics
Appeal Against Conviction, Withdrawal of Guilty Plea, Sentencing, Plea Agreement
Criminal Law Appeal Against Conviction Withdrawal of Guilty Plea Sentencing Plea Agreement

Case Brief

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Parties

Regina

Respondent

Thomas Joseph Sewell

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellant is entitled to withdraw his guilty pleas to the seven counts on the indictment
  2. 2 Whether the sentencing judge erred in omitting to ask the appellant whether he adhered to his pleas
  3. 3 Whether the sentence imposed was within discretion

Ratio Decidendi

The appellant deliberately, voluntarily, and with full knowledge entered pleas of guilty to the counts in open court. Resiling from the plea agreement did not entitle him to withdraw the pleas. The sentencing judge acted within discretion and took relevant factors into account.

Court Disposition

Appeal against conviction dismissed; application for leave to appeal against sentence dismissed.

Orders

  • Appeal against conviction dismissed
  • Application for leave to appeal against sentence dismissed