Oldfield, R. v
There was no real possibility of bias as the judge's relationship with counsel was minimal and professional; the guilty plea was entered voluntarily after proper advice; the sentence imposed was manifestly excessive and should be reduced.
- Parties
- Prosecution: Regina; Appellant: Ryan Alexander Oldfield
- Jurisdiction
- England and Wales
- Judgment Date
- 22 November 2011
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
- Outcome
- Appeal against conviction dismissed; appeal against sentence allowed in part
- Legal Topics
- Change of Plea, Apparent Bias, Rape, Sentencing Guidelines
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Ryan Alexander Oldfield
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the trial judge should have recused himself due to apparent bias
- 2 Whether the appellant should have been allowed to withdraw his guilty plea
- 3 Whether the sentence imposed was manifestly excessive
Ratio Decidendi
There was no real possibility of bias as the judge's relationship with counsel was minimal and professional; the guilty plea was entered voluntarily after proper advice; the sentence imposed was manifestly excessive and should be reduced.
Court Disposition
Appeal against conviction dismissed; appeal against sentence allowed in part
Orders
- Conviction stands
- Sentence reduced to 5 years' detention, less time spent in custody on remand and half the time spent under curfew
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