AG -v- O'Connell [2017] JRC 117 (26 July 2017)

AG -v- O'Connell [2017] JRC 117 (26 July 2017)

The defendant's guilty pleas were unequivocal and entered with clear legal advice; the desire to obtain bail is not a valid ground for withdrawal. The court's discretion should not be exercised in favour of the defendant.

Citation
[2017] JRC 117
Parties
Defendant: Mr O'Connell; Defence Counsel: Advocate Harrison; Defence Counsel: Advocate Glynn; Amicus Curiae: Advocate Boothman
Jurisdiction
Jersey
Judgment Date
26 July 2017
Procedural Posture
Criminal / Sentencing After Plea Change Application Refused
Outcome
Application to change plea refused; defendant sentenced to imprisonment.
Legal Topics
Assault, Drunk and Disorderly, Racial Abuse, Plea Withdrawal, Sentencing
Criminal Law Assault Drunk and Disorderly Racial Abuse Plea Withdrawal Sentencing

Case Brief

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Parties

Mr O'Connell

Defendant

Advocate Harrison

Defence Counsel

Advocate Glynn

Defence Counsel

Advocate Boothman

Amicus Curiae

Procedural Posture

Criminal / Sentencing After Plea Change Application Refused

Legal Issues

  1. 1 Whether the defendant should be permitted to withdraw guilty pleas to Counts 1 and 3
  2. 2 Appropriate sentence for assault aggravated by racial abuse and breach of binding-over order

Ratio Decidendi

The defendant's guilty pleas were unequivocal and entered with clear legal advice; the desire to obtain bail is not a valid ground for withdrawal. The court's discretion should not be exercised in favour of the defendant.

Court Disposition

Application to change plea refused; defendant sentenced to imprisonment.

Orders

  • 3 months' imprisonment for Count 1 (assault)
  • 2 months' imprisonment for Count 3 (drunk and disorderly), concurrent