Lees, R v [2002] NICC 2450 (18 February 2000)
The accused was deprived of freedom of choice in entering guilty pleas due to misrepresentation and inducements by senior counsel, rendering the pleas invalid; the application to vacate the pleas must be granted.
- Citation
- [2002] NICC 2450
- Parties
- Prosecution: The Queen; Accused: William Colin John Lees
- Jurisdiction
- Northern Ireland
- Judgment Date
- 18 February 2000
- Procedural Posture
- Criminal / Application to Vacate Guilty Pleas Before Sentencing
- Outcome
- application granted
- Legal Topics
- Vacating Guilty Pleas, Misrepresentation by Counsel, Freedom of Choice in Plea, Professional Conduct
Case Brief
Summary, issues, holding and outcome
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Parties
The Queen
Prosecution
William Colin John Lees
Accused
Procedural Posture
Criminal / Application to Vacate Guilty Pleas Before Sentencing
Legal Issues
- 1 Whether guilty pleas entered by the accused should be vacated due to misrepresentation and undue pressure by counsel
- 2 Whether the accused was deprived of freedom of choice in entering guilty pleas
Ratio Decidendi
The accused was deprived of freedom of choice in entering guilty pleas due to misrepresentation and inducements by senior counsel, rendering the pleas invalid; the application to vacate the pleas must be granted.
Court Disposition
application granted
Orders
- Guilty pleas entered by the accused on all three bills of indictment are vacated.
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