Inkster v R.
The judge's interventions and advice failed to acknowledge the defence of reasonable excuse, improperly pressured the unrepresented appellant, and narrowed his freedom of choice, rendering the guilty pleas a nullity.
- Parties
- Appellant: Stuart Charles Inkster; Respondent: Regina
- Jurisdiction
- England and Wales
- Judgment Date
- 24 June 2020
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- appeal allowed
- Legal Topics
- Plea Validity, Judicial Pressure, Reasonable Excuse, Non Molestation Order Breach
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Parties
Stuart Charles Inkster
Appellant
Regina
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the appellant's guilty pleas were entered voluntarily and constituted a true acknowledgment of guilt
- 2 Whether judicial interventions and advice improperly narrowed the appellant's freedom of choice to plead
Ratio Decidendi
The judge's interventions and advice failed to acknowledge the defence of reasonable excuse, improperly pressured the unrepresented appellant, and narrowed his freedom of choice, rendering the guilty pleas a nullity.
Court Disposition
appeal allowed
Orders
- Guilty pleas to counts 1, 2, and 4 set aside
- Convictions based on the pleas annulled
Full Case Text
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