McCarthy v R [2015] EWCA Crim 1185 (09 July 2015)

McCarthy v R [2015] EWCA Crim 1185 (09 July 2015)

The appellant's guilty plea to section 18 wounding was not entered with a proper understanding of the element of intent required for that offence, due to inadequate legal advice. This improperly narrowed his freedom of choice. The plea to possession of an offensive weapon stands. The conviction for section 18 is quashed and substituted with a conviction for section 20 wounding, and the sentence is adjusted accordingly.

Citation
[2015] EWCA Crim 1185
Parties
Appellant: Jamie McCarthy; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
09 July 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed in part; conviction for section 18 quashed and substituted with section 20; sentence reduced.
Legal Topics
Guilty Plea, Ineffective Assistance of Counsel, Wounding With Intent, Possession of Offensive Weapon, Appeal Procedure
Criminal Law Guilty Plea Ineffective Assistance of Counsel Wounding With Intent Possession of Offensive Weapon Appeal Procedure

Case Brief

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Parties

Jamie McCarthy

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's guilty plea to wounding with intent (section 18) was entered with proper understanding of the offence's elements
  2. 2 Whether undue pressure or inadequate legal representation improperly narrowed the appellant's freedom of choice to plead guilty
  3. 3 Whether the conviction for section 18 should be quashed or substituted with a conviction for section 20 wounding

Ratio Decidendi

The appellant's guilty plea to section 18 wounding was not entered with a proper understanding of the element of intent required for that offence, due to inadequate legal advice. This improperly narrowed his freedom of choice. The plea to possession of an offensive weapon stands. The conviction for section 18 is quashed and substituted with a conviction for section 20 wounding, and the sentence is adjusted accordingly.

Court Disposition

Appeal allowed in part; conviction for section 18 quashed and substituted with section 20; sentence reduced.

Orders

  • Conviction for section 18 wounding quashed and substituted with conviction for section 20 wounding.
  • Sentence for section 20 wounding set at 4 years imprisonment.