Director of Public Prosecutions v Toney

Director of Public Prosecutions v Toney

There was no evidence that the defendant misunderstood the nature of the offence or was under improper pressure; the note by counsel indicated an admission of assault, not accident. The judge was not correct in law to allow the vacation of the guilty plea based on the difference between the defendant's admissions and the prosecution's allegation.

Parties
Claimant: Director of Public Prosecutions; Defendant: Randey Toney
Jurisdiction
England and Wales
Judgment Date
14 July 2005
Procedural Posture
Criminal Appeal / Appeal by Way of Case Stated
Outcome
appeal allowed
Legal Topics
Vacation of Guilty Plea, Legal Professional Privilege, Assault Occasioning Grievous Bodily Harm
Criminal Law Vacation of Guilty Plea Legal Professional Privilege Assault Occasioning Grievous Bodily Harm

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Randey Toney

Defendant

Procedural Posture

Criminal Appeal / Appeal by Way of Case Stated

Legal Issues

  1. 1 Whether the substantial difference between the defendant's admissions to defence counsel and the prosecution allegation meant the guilty plea was not a true admission of guilt
  2. 2 Whether the judge was correct in law to allow the vacation of the guilty plea

Ratio Decidendi

There was no evidence that the defendant misunderstood the nature of the offence or was under improper pressure; the note by counsel indicated an admission of assault, not accident. The judge was not correct in law to allow the vacation of the guilty plea based on the difference between the defendant's admissions and the prosecution's allegation.

Court Disposition

appeal allowed

Orders

  • The matter is remitted to the crown court with direction to proceed to sentence, preferably before a different judge.
  • No order for costs in the appellate court; liberty to apply for costs in the crown court.