Berry, R. v

Berry, R. v

The applicant was properly advised, understood the nature of the charge, and voluntarily entered an unequivocal guilty plea; the alleged deficiencies in advice did not render the plea equivocal; the fresh evidence regarding the witness lying was peripheral and did not undermine the safety of the conviction; there are no arguable grounds for vacating the plea or considering the verdict unsafe.

Parties
Respondent: R; Applicant: John Paul Berry
Jurisdiction
England and Wales
Judgment Date
06 August 2020
Procedural Posture
Criminal Appeal / Judgment on Application for Extension of Time, Leave to Appeal, and Admission of Fresh Evidence
Outcome
Applications refused
Legal Topics
Guilty Plea, Fitness to Plead, Vacating Plea, Fresh Evidence, Intent, Self Defence
Criminal Law Guilty Plea Fitness to Plead Vacating Plea Fresh Evidence Intent Self Defence

Case Brief

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Parties

R

Respondent

John Paul Berry

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Extension of Time, Leave to Appeal, and Admission of Fresh Evidence

Legal Issues

  1. 1 Whether the guilty plea was equivocal and should be vacated
  2. 2 Whether the applicant was adequately advised on intent and self-defence
  3. 3 Whether fresh evidence regarding a prosecution witness lying should be admitted

Ratio Decidendi

The applicant was properly advised, understood the nature of the charge, and voluntarily entered an unequivocal guilty plea; the alleged deficiencies in advice did not render the plea equivocal; the fresh evidence regarding the witness lying was peripheral and did not undermine the safety of the conviction; there are no arguable grounds for vacating the plea or considering the verdict unsafe.

Court Disposition

Applications refused

Orders

  • Extension of time refused
  • Leave to appeal refused