Director of Public Prosecutions v P.K. (Approved) [2023] IECA 261 (17 February 2023)

Director of Public Prosecutions v P.K. (Approved) [2023] IECA 261 (17 February 2023)

The trial judge properly exercised discretion, considered all relevant evidence, and was entitled to conclude the appellant's guilty plea was voluntary, informed, and not impaired by capacity or external pressure.

Citation
[2023] IECA 261
Parties
Prosecutor/respondent: The People (at the suit of the Director of Public Prosecutions); Accused/appellant: P. K.
Jurisdiction
Ireland
Judgment Date
17 February 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Sexual Assault, Plea Withdrawal, Judicial Discretion
Criminal Law Sexual Assault Plea Withdrawal Judicial Discretion

Case Brief

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Parties

The People (at the suit of the Director of Public Prosecutions)

Prosecutor/respondent

P. K.

Accused/appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to permit the appellant to vacate his guilty plea

Ratio Decidendi

The trial judge properly exercised discretion, considered all relevant evidence, and was entitled to conclude the appellant's guilty plea was voluntary, informed, and not impaired by capacity or external pressure.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction dismissed