SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal: Application)
R v SIMMONS
[2017] SASCFC 49
Judgment of The Court of Criminal Appeal
(The Honourable Justice Peek, The Honourable Justice Parker and The Honourable Justice Lovell)
19 May 2017
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA - PARTICULAR CASES
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - MISCELLANEOUS MATTERS - SOUTH AUSTRALIA - OTHER MATTERS
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT
Application for permission to appeal against conviction after pleas of guilty.
The applicant pleaded guilty to two charges of dishonestly dealing with documents (contrary to s 140(4) of the Criminal Law Consolidation Act 1935). Sentencing was adjourned for about six months to enable the applicant to raise funds to make full restitution. Shortly before the adjourned date for sentencing, the applicant applied to the sentencing Judge to set aside the pleas on the basis that he had been pressured by his counsel into entering them. The sentencing Judge held a substantial evidentiary hearing and ultimately dismissed that application. His Honour gave cogent and comprehensive reasons for doing so.
The applicant applied for permission to appeal against this decision, and his convictions, to the Court of Criminal Appeal. The permission Judge, Doyle J, heard full argument. He ultimately found that it was not reasonably arguable that the sentencing Judge erred in refusing to set aside the pleas of guilty and dismissed the application. His Honour gave cogent and comprehensive reasons for doing so.
The applicant then required that the application for permission to appeal be referred for determination by the Full Court pursuant to s 48(4) of the Supreme Court Act 1935.
Discussion of procedural matters in connection with available approaches of the Court of Criminal Appeal to the matter of permission to appeal in a case of this type.
Held (per Peek, Parker & Lovell JJ) (refusing permission to appeal):
(1) If an application for permission to appeal is referred to the Full Court pursuant to s 48(4) of the Supreme Court Act 1935 and rule 120(4) of the Supreme Court Criminal Rules 2014, the Full Court may choose to make a limiting order that the hearing in the first instance will be limited to the question of whether permission to appeal should be granted and not include arguments as to the ultimate success of the proposed grounds of appeal. The Court here made a limiting order, heard full argument by the parties on the question of permission to appeal and reserved judgment on that issue.
(2) Such a limiting order was here appropriate having regard to the following combination of circumstances: the provision by the primary Judge of cogent and comprehensive reasons for his decision to refuse the application to set aside the pleas; and the provision by the permission Judge of cogent and comprehensive reasons for his decision to refuse permission…
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CaseChat Overview and Summary
The primary legal issue before the Full Court was whether the applicant should be granted leave to appeal against his conviction, which was recorded on the basis of his guilty plea. This involved considering whether the sentencing judge had erred in dismissing the applicant's application to withdraw his pleas of guilty, and whether the applicant had demonstrated exceptional circumstances warranting such withdrawal.
The Full Court, comprising Peek, Parker and Lovell JJ, ultimately dismissed the application for leave to appeal. Their Honours reasoned that the applicant had been represented by legal counsel at the time he entered his guilty pleas. Furthermore, the applicant had subsequently sought to withdraw his pleas on multiple occasions, and these applications had been unsuccessful. The court found that the applicant had not established any grounds that would justify interfering with the sentencing judge's decision to dismiss his application to withdraw his pleas. The court emphasised that a guilty plea, once entered, should generally be considered final, and that the applicant had not presented a compelling case for departing from this principle.
Orders
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
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