R v Ransley

[2014] QDC 155

DISTRICT COURT OF QUEENSLAND

CITATION:

R v Ransley [2014] QDC 155

PARTIES:

THE QUEEN
(respondent)

v

MELISSA EMMA JEAN RANSLEY
(applicant)

FILE NO/S:

1053/14

DIVISION:

Criminal

PROCEEDING:

Section 590AA application

ORIGINATING COURT:

District Court

DELIVERED ON:

27 June 2014

DELIVERED AT:

Brisbane

HEARING DATE:

22-23 May 2014

JUDGE:

Butler SC DCJ

ORDER:

Leave granted to the applicant to withdraw her plea of guilty.

CATCHWORDS:

CRIMINAL LAW – PLEAS – GENERAL PLEAS – PLEA OF GUILTY – WITHDRAWAL AND RESTORATION OF PLEA – GENERALLY – APPLICATION – application to withdraw guilty plea – whether applicant understood the nature of the charges – whether pleas were entered freely and voluntarily

COUNSEL:

J Sharp for the applicant

C Minnery for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

Director of Public Prosecutions (Qld) for the respondent

HIS HONOUR:   I reserved my decision in this matter.  The applicant, Ms Ransley, seeks leave to withdraw a plea of guilty entered by the filing of a signed document in the Brisbane Magistrates Court on the 3rd of June 2013 as part of the registry committal process.  A Deputy Registrar, on 12 June 2013 committed the applicant for sentence before the District Court at Brisbane.  Subsequently, the Director of Public Prosecutions presented an indictment in the District Court charging the applicant with two counts of fraud. 

The applicant has not been called upon as yet to enter a plea to the indictment before the District Court.  This pre-trial application requests that the Court exercise its discretionary power to direct the entry of a plea of not guilty, notwithstanding the fact that the applicant has been committed for sentence.  It is argued on behalf of the applicant that her plea was not entered in the exercise of a free choice in her own interest.  The Director of Public Prosecutions opposes the application.  I’ve concluded that this is an appropriate case for a grant of leave to set aside the plea of guilty.  I will now provide my reasons for that decision. 

I turn, first, to consider how the plea of guilty was entered. The applicant did not enter her plea of guilty in open Court, rather, her plea was entered by way of a documentary process implemented in accordance with section 114 of the Justices Act 1886. That section provides for a written notice to be given to the Clerk of the Court stating that the defendant wishes to be committed for sentence. Section 114, subsection (2) requires that a written statement signed by the defendant stating he or she pleads guilty to the offence must be filed with the notice requesting committal. The applicant signed such a notice on or about 29 May 2013. The form stated:

I, Melissa Emma Jean Ransley, plead guilty to the following offences.

It then set out the offence as being:

Fraud, dishonestly obtaining property from another by employee value of /over $5000.

The form went on, I quote:

I acknowledge that I am not obliged to enter any plea and…