Supreme Court
New South Wales
Medium Neutral Citation: R v Raymond Kennedy [2014] NSWSC 1921 Hearing dates: 5 December 2014 Decision date: 05 December 2014 Jurisdiction: Common Law - Criminal Before: Wilson J Decision: Application for leave to withdraw the plea of guilty to a charge of murder is refused
Catchwords: Plea of guilty to murder – reversal of plea – perceived improper conduct by legal representatives – application refused Legislation Cited: Crimes Act 1900 Cases Cited: Cincotta (NSW Court of Criminal Appeal, unreported decision of 1 November 1995)
Ferrer-Esis (1991) 55 A Crim R 231
Khamis v R [2014] NSWCCA 152
Liberti (1991) 55 A Crim R 120
Maxwell v The Queen (1996) 184 CLR 501
Murphy [1965] VR 187
O'Neill [1979] 2 NSWLR 582; (1979) 1 A Crim R 59
R v Parkes [2004] NSWCCA 377
R v ARG (NSW Court of Criminal Appeal, unreported decision of 2 August 1983)
Regina v Houra [2001] NSWCCA 61
Sagiv (1986) 22 A Crim R 73
Wong v The Director of Public Prosecutions (2005)155 A Crim R 37Category: Principal judgment Parties: Raymond Kennedy (the applicant)
Director of Public Prosecutions (the Crown)Representation: Counsel: Mr. M. Johnston (the applicant)
Solicitors: Michael Croke & Co (the applicant)
Mr. M. Tedeschi QC (the Crown)
Solicitor for Public Prosecutions (the Crown)
File Number(s): 2012/206026
Judgment
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On 5 December 2014 I heard an application from Raymond Kennedy (“the applicant”) for leave to vacate a plea of guilty he had earlier entered to a charge of murder contrary to s.18(1)(a) of the Crimes Act 1900. Having heard evidence from a number of witnesses, together with submission from the parties, I refused leave. These are my reasons for that decision.
The History of the Matter
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On or about 19 November 2010 Mr. Stanley Davies (“the deceased”), a man of 75 years who lived alone at his home in Dangar Street at Kempsey, was brutally beaten by intruders to his home, and left there, severely injured and probably unconscious, to die. He was found the following day and was immediately taken to hospital but, such was the severity of his injuries, he failed to respond to medical treatment, and died on 26 November 2014.
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A police investigation ensued and, on 2 July 2012, the applicant was arrested and charged with the murder of Mr. Davies.
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On 1 February 2013 a co-accused, Richard Smith, was arraigned upon an indictment charging him with the murder, and pleaded guilty. On 5 April 2013, the applicant and a third person charged with the murder, Stephen Smith, were ordered to stand their trial before the Supreme Court sitting at Port Macquarie, with a trial date fixed for 7 June 2013.
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The Crown subsequently elected to try the applicant and Stephen Smith separately, and the applicant was separately arraigned. He entered a plea of not guilty to an indictment charging him with the murder of Mr. Davies, together with a charge alleging aggravated assault of the deceased with intent to rob, and his…
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- AGLC
- R v Raymond Kennedy [2014] NSWSC 1921
- Case
- [2014] NSWSC 1921
- Decision Date
CaseChat Overview and Summary
The court considered the legal principles governing the reversal of guilty pleas, particularly focusing on the requirement that such pleas must be voluntarily and intelligently made. It was necessary to determine if the conduct of Kennedy's legal representatives was indeed improper and, if so, whether this misconduct had influenced the voluntariness of his plea. The court weighed the evidence and submissions on whether the alleged misconduct had indeed compromised the fairness of the proceedings or the voluntariness of the plea. Ultimately, the court found that the alleged improper conduct did not meet the threshold for reversing the plea, and therefore, the application was refused.
In reaching its decision, the court emphasised the importance of maintaining the integrity of the plea process while also considering the context and impact of any alleged misconduct. The court held that the conduct in question did not undermine the voluntariness of Kennedy's plea to the extent necessary for a reversal. Consequently, the court dismissed the application to reverse the plea, leaving Kennedy's initial plea of guilty to stand. This decision underscores the high standard required for overturning a plea based on alleged legal misconduct.
Orders
Orders of the court
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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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