Lees, R v [2002] NICC 2450 (18 February 2000)

Lees, R v [2002] NICC 2450 (18 February 2000)

The accused's guilty pleas were induced by misrepresentations and promises by senior counsel, depriving him of genuine freedom of choice; such conduct constitutes a grave departure from professional standards and renders the pleas invalid.

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 to vacate guilty pleas granted.
Legal Topics
Vacating Guilty Pleas, Professional Conduct of Counsel, Inducement and Voluntariness of Plea
Criminal Law Vacating Guilty Pleas Professional Conduct of Counsel Inducement and Voluntariness of Plea

Case Brief

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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. 1 Whether guilty pleas entered by the accused should be vacated due to inducements and misrepresentations by counsel
  2. 2 Whether the accused's freedom of choice in entering pleas was overborne by counsel's conduct

Ratio Decidendi

The accused's guilty pleas were induced by misrepresentations and promises by senior counsel, depriving him of genuine freedom of choice; such conduct constitutes a grave departure from professional standards and renders the pleas invalid.

Court Disposition

Application to vacate guilty pleas granted.

Orders

  • Pleas of guilty entered by the accused in all three Bills of Indictment are vacated.