Turner v Wheeler [2016] NSWSC 345
The Magistrate erred by not formulating and addressing the correct question—whether the plaintiff's misunderstanding of the burden and standard of proof vitiated her guilty pleas—and this constituted an error of law justifying setting aside the Local Court order and remitting for redetermination.
- Parties
- Plaintiff: Turner; Defendant: Wheeler
- Jurisdiction
- Australia
- Judgment Date
- 31 March 2016
- Procedural Posture
- Criminal Appeal / Leave to Appeal and Appeal From Interlocutory Order/refusal to Withdraw Guilty Plea
- Outcome
- Appeal allowed, Local Court order set aside, application remitted, costs to plaintiff
- Legal Topics
- Withdrawal of Guilty Plea, Misapprehension of Burden of Proof, Error of Law by Magistrate, Miscarriage of Justice
Case Brief
Summary, issues, holding and outcome
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Parties
Turner
Plaintiff
Wheeler
Defendant
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal From Interlocutory Order/refusal to Withdraw Guilty Plea
Legal Issues
- 1 Whether refusal to allow withdrawal of guilty plea involved an error of law
- 2 Whether misunderstanding of legal burden/standard vitiates guilty plea
Ratio Decidendi
The Magistrate erred by not formulating and addressing the correct question—whether the plaintiff's misunderstanding of the burden and standard of proof vitiated her guilty pleas—and this constituted an error of law justifying setting aside the Local Court order and remitting for redetermination.
Court Disposition
Appeal allowed, Local Court order set aside, application remitted, costs to plaintiff
Orders
- Extension of time for filing the summons to 11th June 2015
- Grant leave to appeal
Full Case Text
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