R v Juan Ramon Alonso Carrasco

R v Juan Ramon Alonso Carrasco

The erroneous advice regarding the immigration consequences of a 12-month sentence did not deprive the appellant of a defence available in law, nor did it render his guilty plea anything other than a true acknowledgement of guilt; therefore, the conviction is safe.

Parties
Appellant: Juan Ramon Alonso Carrasco; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Guilty Plea, Erroneous Legal Advice, Automatic Deportation, Non Fatal Strangulation, Common Assault
Criminal Law Immigration Law Guilty Plea Erroneous Legal Advice Automatic Deportation Non Fatal Strangulation Common Assault

Case Brief

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Parties

Juan Ramon Alonso Carrasco

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether a guilty plea induced by erroneous legal advice as to the immigration consequences renders the conviction unsafe
  2. 2 Whether the appellant was deprived of a defence available in law due to incorrect advice
  3. 3 Whether the plea was a true acknowledgement of guilt

Ratio Decidendi

The erroneous advice regarding the immigration consequences of a 12-month sentence did not deprive the appellant of a defence available in law, nor did it render his guilty plea anything other than a true acknowledgement of guilt; therefore, the conviction is safe.

Court Disposition

Appeal dismissed

Orders

  • Appeal against conviction dismissed