AB & Ors, R. v [2021] EWCA Crim 2003 (21 December 2021 )

The convictions are unsafe because the judge's unsolicited and unduly lenient sentence indication, combined with failures to follow the Goodyear procedure and lack of proper warnings to defendants, created inappropriate pressure and deprived the appellants of their free choice to plead guilty.

Citation: [2021] EWCA Crim 2003
Parties: Prosecution: Regina; Appellant: AB; Appellant: CD; Appellant: EF; Appellant: GH
Jurisdiction: England and Wales
Procedural Posture: Criminal Appeal / Application for Leave to Appeal Against Conviction Following Guilty Pleas
Outcome: appeal allowed; convictions quashed; retrial ordered
Legal Topics: Guilty Pleas, Sentence Indication, Judicial Pressure, Appeal Against Conviction, Goodyear Indication, Nullity of Plea

Criminal Law Criminal Procedure Guilty Pleas Sentence Indication Judicial Pressure Appeal Against Conviction Goodyear Indication Nullity of Plea

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Parties

Regina

Prosecution

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction Following Guilty Pleas

Legal Issues

1 Whether convictions following guilty pleas are unsafe due to inappropriate judicial pressure and failure to follow proper procedure for sentence indication
2 Whether the judge's unsolicited and unduly lenient sentence indication deprived defendants of free choice in pleading guilty

Ratio Decidendi

Court Disposition

appeal allowed; convictions quashed; retrial ordered

Orders

Convictions on all fifteen counts quashed
Retrial ordered on all fifteen counts under section 7 of the Criminal Appeal Act 1968