R v Lewis Summary | CaseChat AU

[2003] QCA 123

COURT OF APPEAL

de JERSEY CJ
WILLIAMS JA

ATKINSON J

CA No 339 of 2002
THE QUEEN
v.

TONY KIEREN LEWIS

BRISBANE

..DATE 19/03/2003

JUDGMENT
19032003 D.1 T07/ZMS24 M/T COA44/2003

MR V SUPRANOWICZ for the appellant

MR B G CAMPBELL (instructed by the Director of Public

Prosecutions (Queensland)) for the respondent

THE CHIEF JUSTICE: The order of the Court is that the appeal

against conviction be dismissed. That carries with it, of
course, a refusal of the application for leave to withdraw the
plea of guilty and a refusal of the application for leave to
adduce fresh evidence, save that limited to the issue whether

leave should be granted to withdraw the plea.

We will publish our reasons for those orders at a subsequent date.

...

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40
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JUDGMENT

2 60

CaseChat Overview and Summary

The case of R v Lewis, decided by the Queensland Court of Appeal, involves the appellant, Tony Kieren Lewis, who was convicted in a lower court and is appealing against his conviction. The appeal includes a request to withdraw his plea of guilty and to adduce fresh evidence, except as it pertains to the issue of whether leave should be granted to withdraw the plea. The appeal was heard by de Jersey CJ, Williams JA, and Atkinson J, with the Chief Justice delivering the judgment. The Crown was represented by Mr. B. G. Campbell, instructed by the Director of Public Prosecutions (Queensland), and the appellant was represented by Mr. V. Supranowicz.

The legal issues before the Court of Appeal were whether the appellant should be allowed to withdraw his plea of guilty and whether leave should be granted to adduce fresh evidence. These issues are significant because they concern the appellant's right to challenge his conviction and the principles governing the admission of fresh evidence in appeals. The Court had to balance the appellant's right to a fair trial against the interests of finality and the efficient administration of justice.

In dismissing the appeal against conviction, the Court held that the appellant's application to withdraw his plea of guilty was an abuse of process and should be refused. The Court found that the appellant's plea of guilty was entered into voluntarily and with a full understanding of the consequences. Additionally, the Court ruled that leave should not be granted to adduce fresh evidence, as the evidence did not meet the stringent criteria required for such an application. The Court emphasized the importance of finality in criminal proceedings and the need to prevent appeals that merely serve to delay the finality of convictions. The appeal was thus dismissed, and the conviction upheld.

R v Lewis

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established