AG v Donachie [2009] JRC 169A (27 August 2009)

AG v Donachie [2009] JRC 169A (27 August 2009)

The court refused to exercise its discretion to allow withdrawal of the guilty plea as the plea was unequivocal, entered with legal advice, and none of the recognized grounds for withdrawal applied.

Citation
[2009] JRC 169A
Parties
Complainant: Chex Limited; Defendant: Defendant (unnamed)
Jurisdiction
Jersey
Judgment Date
27 August 2009
Procedural Posture
Criminal / Application to Vacate Guilty Plea
Outcome
application refused
Legal Topics
Vacating Guilty Plea, Larceny as a Servant, Discretion of Court
Criminal Law Vacating Guilty Plea Larceny as a Servant Discretion of Court

Case Brief

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Parties

Chex Limited

Complainant

Defendant (unnamed)

Defendant

Procedural Posture

Criminal / Application to Vacate Guilty Plea

Legal Issues

  1. 1 Should the defendant be permitted to vacate his guilty plea and substitute not guilty pleas?
  2. 2 Was the guilty plea entered under duress or material mistake?

Ratio Decidendi

The court refused to exercise its discretion to allow withdrawal of the guilty plea as the plea was unequivocal, entered with legal advice, and none of the recognized grounds for withdrawal applied.

Court Disposition

application refused

Orders

  • Defendant's application to vacate guilty pleas is denied.