R v Carkeet

Case [2008] QCA 143

SUPREME COURT OF QUEENSLAND

CITATION:

R v Carkeet [2008] QCA 143

PARTIES:

R
v
CARKEET, Lee William
(applicant/appellant)

FILE NO/S:

CA No 42 of 2008
DC No 2498 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Conviction & Sentence)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

6 June 2008

DELIVERED AT:

Brisbane

HEARING DATE:

28 May 2008

JUDGES:

Keane, Holmes and Fraser JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

Grant the extensions of time necessary to allow the applicant to appeal against his conviction and to apply for leave to appeal against his sentence.1.    

Allow the appeal and grant the application, set aside the applicant's plea of guilty to count 3 on indictment No 2498 of 2001, and set aside the applicant's conviction and sentence on that count.2.    

The sentences imposed in respect of the other offences of which the applicant was convicted should not be disturbed. 3.    

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST CONVICTION RECORDED ON PLEA OF GUILTY – where the applicant pleaded guilty to numerous charges on a “bulk arraignment” – where another person later admitted to, and was charged for, one of the offences to which the applicant had pleaded guilty – where the applicant pleaded guilty on the advice of his legal representatives – where the Crown later conceded that the applicant was not the perpetrator of the offence to which the applicant had pleaded guilty – whether the fresh evidence of the other conviction should be admitted – whether, notwithstanding the free and voluntary plea, the conviction should be set aside

Criminal Code 1899 (Qld), s 668E(1)

Borsa v R [2003] WASCA 254, referred to
Gallagher v R (1986) 160 CLR 392; [1986] HCA 26, cited
Kimmorley v Atherton; ex parte Atherton [1971] Qd R 117, cited
Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41, cited
R v DAQ [2008] QCA 75, cited
R v Foster [1985] QB 115, cited
R v GV[2006] QCA 394, cited
R vLee [1984] 1 WLR 785; [1984] 1 All ER 1080, cited
R v O (2003) 139 A Crim R 432; [2003] QCA 446, cited
R vTait [1999] 2 Qd R 667; [1998] QCA 304, cited
R v Toro-Martinez (2000) 114 A Crim R 533;
[2000] NSWCCA 216, cited

COUNSEL:

S J Hamlyn-Harris for the applicant (pro bono)
T A Fuller for the respondent

SOLICITORS:

Howden Saggers Lawyers for the applicant (pro bono)
Director of Public Prosecutions (Queensland) for the respondent

  1. KEANE JA: I agree with the reasons of Fraser JA and with the orders proposed by his Honour.

  1. HOLMES JA: I agree with the reasons of Fraser JA and the orders he proposes.

  1. FRASER JA: On 27 September 2001 the applicant was…

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AGLC
R v Carkeet [2008] QCA 143
Case
[2008] QCA 143
Decision Date

CaseChat Overview and Summary

The appellant, Carkeet, appealed against his conviction and sentence after pleading guilty to multiple charges during a bulk arraignment. Another individual later confessed to one of the offences, leading the Crown to concede that the appellant was not the actual perpetrator. The appellant sought to set aside his guilty plea and conviction for this specific count, arguing that new evidence warranted a reconsideration of his plea. The court had to determine whether the fresh evidence of the other conviction should be considered and if the conviction should be set aside despite the appellant's voluntary plea of guilt.

The legal issues before the court were twofold. First, whether the new evidence of another person's admission to the offence could be admitted and considered. Second, if the appellant's conviction should be set aside despite his plea of guilty being free and voluntary, given the Crown's concession that he was not the perpetrator. The court needed to balance the appellant's right to a fair trial with the finality of pleas entered voluntarily in court.

The court found that the fresh evidence was admissible and that the appellant's conviction should be set aside. The court reasoned that the voluntary nature of the plea did not preclude reconsideration when the Crown admitted the appellant was not the perpetrator. The court held that justice required the appellant's plea and conviction to be set aside on the contested count. However, the sentences for the other offences remained unaffected. The court granted the necessary extensions of time for the appellant to appeal against his conviction and sentence and to apply for leave to appeal against his sentence.

The final orders of the court were to grant the necessary extensions of time for the appellant to proceed with his appeals. The court allowed the appeal, set aside the appellant's plea of guilty to the contested count, and set aside the corresponding conviction and sentence. The sentences for the other offences were to remain undisturbed.

Orders

Orders of the court

Grant the extensions of time necessary to allow the applicant to appeal against his conviction and to apply for leave to appeal against his sentence.1.

Allow the appeal and grant the application, set aside the applicant's plea of guilty to count 3 on indictment No 2498 of 2001, and set aside the applicant's conviction and sentence on that count.2.

The sentences imposed in respect of the other offences of which the applicant was convicted should not be disturbed. 3.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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