CITATION: R v Noel John LAWSON [2009] NSWDC 81
JUDGMENT DATE:
8 May 2009JURISDICTION: Criminal JUDGMENT OF: Bennett SC DCJ DECISION: 1. The application to withdraw the pleas of guilty entered to the three counts on the indictment upon which the applicant was arraigned on 24 April 2008 is refused.
2. The additional offences included in the Form 1 signed by the applicant and on behalf of the Director of Public Prosecutions, shall be taken into account upon the determination of sentence for the principal offence, count 1 in the indictment.CATCHWORDS: CRIMINAL LAW - procedure - pleas - general pleas - plea of guilty - withdrawal and restoration of plea - generally LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Evidence Act 1995
Listening Devices Act 1984CASES CITED: Johnston v R [2009] NSWCCA 82
Meissner v R [1995] HCA 41; (1995) 184 CLR 132
R v Abbruzzese [2006] NSWCCA 207
R v Stephen John Rae (No 2) [2005] NSWCCA 380
R v Van [2002] NSWCCA 148; (2002) 129 A Crim R 229
Wong v Director of Public Prosecutions [2005] NSWSC 129; (2005) 155 A Crim R 37PARTIES: The Crown (Respondent)
Noel John Lawson (Applicant)FILE NUMBER(S): 2007 / 00011479 COUNSEL: D Degnan (Respondent)
P Paish (Applicant)SOLICITORS: Director of Public Prosecutions (Respondent)
Kiki Kyriacou Lawyers (Applicant)
IN THE DISTRICT COURT
OF NEW SOUTH WALES
Bennett SC DCJ
8 May 2009
R v Noel John LAWSON
2007 / 00011479
JUDGMENT
APPLICATION TO WITHDRAW PLEAS OF GUILTY
Introduction
1 Noel John Lawson seeks leave to withdraw pleas of guilty entered before me upon arraignment in the District Court of New South Wales on 24 April 2008, and to withdraw his acknowledgement of guilt in respect of two additional offences that he asked to be taken into account on sentence.
The History of the Proceedings
First Count2 The applicant first appeared before me for trial on Tuesday 22 April 2008 upon an indictment charging him with eight offences in the following terms,
- On 4 September 2005 at Cartwright in State of New South Wales, being armed with an offensive weapon, namely a knife, did rob Chris Minett of heroin, the property of Chris Minett.
On 8 September 2005 at Cartwright in the State of New South Wales, did enter upon land occupied in connection with a building, namely at 24 Woolnough Place, with intent to commit an indictable offence, namely intimidation, upon that land.
On 8 September 2005 at Cartwright in the State of New South Wales, while in the company of another person did detain Ben Randall without his consent and with intent to obtain an advantage, namely gain entry to unit 8/24 Woolnough Place.
On 8 September 2005 at Cartwright in the State of New South Wales, did intimidate Rhonda Rumble with intent to cause her to fear physical or mental harm.
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- AGLC
- R v Noel John Lawson [2009] NSWDC 81
- Case
- [2009] NSWDC 81
- Decision Date
CaseChat Overview and Summary
The court examined the principles guiding the withdrawal of guilty pleas, emphasising the importance of ensuring justice while considering the interests of all parties involved. It noted that while the court has a discretion to allow such withdrawals, it is not an absolute right. The court considered the timing of the application, the reasons provided by the applicant for the withdrawal, and the impact on the administration of justice. The court concluded that the application should be refused, as the applicant had not provided sufficient grounds warranting the exercise of the court's discretion.
The court also addressed the issue of the additional offences listed in the Form 1. It determined that these offences should be taken into account during the sentencing phase for the principal offence. The court reasoned that the Form 1, which sets out the agreed facts and circumstances, should be respected to maintain the integrity of the plea process. The court found that the additional offences, though not the subject of the formal charges, were relevant to the overall context of the sentencing.
In summary, the court denied the applicant's request to withdraw his guilty pleas, and ruled that the additional offences outlined in the Form 1 would be considered during sentencing. This decision ensures that the plea process remains fair and just, while also taking into account all relevant factors in determining the appropriate sentence.
Orders
Orders of the court
1. The application to withdraw the pleas of guilty entered to the three counts on the indictment upon which the applicant was arraigned on 24 April 2008 is refused. 2. The additional offences included in the Form 1 signed by the applicant and on behalf of the Director of Public Prosecutions, shall be taken into account upon the determination of sentence for the principal offence, count 1 in the indictment.
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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