AG v Correia [2007] JRC 074 (23 March 2007)

AG v Correia [2007] JRC 074 (23 March 2007)

The applicant was properly advised and understood the nature and elements of the charge of rape before pleading guilty; his plea was unequivocal and there are no grounds to exercise discretion to allow a change of plea.

Source-derived case information.

Citation
[2007] JRC 074
Parties
Applicant: Antonio Correia; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
23 March 2007
Procedural Posture
Criminal / Application to Change Plea After Guilty Plea Entered
Outcome
application refused
Legal Topics
Change of Plea, Rape, Judicial Discretion, Guilty Plea
Criminal Law Change of Plea Rape Judicial Discretion Guilty Plea

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Parties

Antonio Correia

Applicant

Crown

Respondent

Procedural Posture

Criminal / Application to Change Plea After Guilty Plea Entered

Legal Issues

  1. 1 Whether the guilty plea entered by the applicant was equivocal
  2. 2 Whether the court should exercise its discretion to allow a change of plea

Ratio Decidendi

The applicant was properly advised and understood the nature and elements of the charge of rape before pleading guilty; his plea was unequivocal and there are no grounds to exercise discretion to allow a change of plea.

Court Disposition

application refused

Orders

  • Application to change plea from guilty to not guilty is refused.