Nightingale, R. v
The Judge Advocate's uninvited sentence indication created inappropriate additional pressure on the appellant, improperly narrowing his freedom of choice and rendering his guilty plea a nullity. The conviction based on that plea must be quashed.
- Parties
- Prosecutor: Regina; Appellant: Danny Harold Nightingale
- Jurisdiction
- England and Wales
- Judgment Date
- 13 March 2013
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction and Sentence
- Outcome
- Appeal allowed; conviction quashed; retrial ordered
- Legal Topics
- Firearms Offences, Court Martial Procedure, Guilty Pleas, Judicial Sentence Indication, Freedom of Choice in Plea
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecutor
Danny Harold Nightingale
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the Judge Advocate's uninvited sentence indication improperly pressured the appellant to plead guilty
- 2 Whether the guilty plea was valid given the circumstances of judicial indication
Ratio Decidendi
The Judge Advocate's uninvited sentence indication created inappropriate additional pressure on the appellant, improperly narrowing his freedom of choice and rendering his guilty plea a nullity. The conviction based on that plea must be quashed.
Court Disposition
Appeal allowed; conviction quashed; retrial ordered
Orders
- Guilty plea set aside as a nullity
- Conviction quashed
Full Case Text
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