R v Kaewklom (No. 2)

The case of R v Kaewklom (No. 2) involved a plea change during a murder trial where the sole issue was the partial defence of substantial mental impairment. The accused changed his plea to guilty of murder mid-trial, leading to the discharge of the jury and a subsequent finding of guilt by the court. The matter was then adjourned for a sentencing hearing. During the adjournment, the accused expressed a desire to withdraw his plea of guilty. The court was required to determine whether it had jurisdiction to entertain an application to withdraw the plea of guilty where the procedure under section 157 of the Criminal Procedure Act 1986 had been followed.

The legal issue before the court was whether it had the authority to consider an application to withdraw a guilty plea once the section 157 procedure had been executed. The court examined relevant statutory provisions and case law to determine the appropriate course of action. It concluded that once the jury had been discharged and the accused found guilty following a plea of guilty, the court did not possess the jurisdiction to entertain an application to withdraw the plea. The court held that the accused's request to withdraw the plea was not within its authority under the statute, and thus, it could not proceed with the application.

As a result, the court found that it lacked jurisdiction to entertain the application to withdraw the plea of guilty. The sentencing hearing was subsequently adjourned to a later date to allow for the determination of an appropriate sentence for the convicted offender. The court's decision highlighted the importance of the procedural steps under section 157 and the finality of the guilty plea once the jury has been discharged and the accused found guilty.