SUPREME COURT OF SOUTH AUSTRALIA
(Criminal)
R v STEVENS
[2011] SASC 69
Reasons for Ruling of The Honourable Justice Kelly
29 April 2011
CRIMINAL LAW - PROCEDURE - PLEAS - GENERAL PLEAS - PLEA OF GUILTY - WITHDRAWAL AND RESTORATION OF PLEA
Applicant entered plea of guilty on morning of trial – applicant later dismissed counsel and made an application to withdraw his guilty plea – consideration of the principles governing the exercise of discretion to withdraw a guilty plea.
Held: applicant understood factual and legal issues on which he entered plea of guilty – no miscarriage of justice – application refused.
R v Pugh (2005) 158 A Crim R 302; R v Hura (2001) 121 A Crim R 472; R v Liberti (1991) 55 A Crim R 120, discussed.
R v Brooks (2007) 96 SASR 478; R v Ferrer-Esis (1991) 55 A Crim R 231; R v Chiron [1980] 1 NSWLR 218; R v Murphy [1965] VR 187; R v Sagiv (1986) 22 A Crim R 73; R v Cincotta (unreported, Court of Criminal Appeal, NSW, Hunt CJ, Grove and Allen JJ, 1 November 1995); Maxwell v The Queen (1995) 184 CLR 501; R v Davies (1993) 19 MVR 481; R v Ganderton (unreported, Court of Criminal Appeal, NSW, Sully, Sperling and James JJ, 17 September 1998); R v Favero [1999] NSWCCA 320, considered.
R v STEVENS
[2011] SASC 69Criminal:
KELLY J.
The applicant Warren Craig Stevens was charged with the attempted murder of Robert Staehr. He was also charged in the alternative with causing serious harm with intent to cause serious harm to Mr Staehr.
On the morning his trial was due to commence the applicant entered a plea of guilty to the charge of aggravated causing serious harm with intent to cause serious harm and the Director of Public Prosecutions then entered a nolle prosequi on the attempted murder charge.
After the allocutus was read the applicant’s then counsel, Mr Healy, requested a six week adjournment in order to obtain medical and other reports and to present submissions on sentence. The applicant was then remanded in custody until 7 December 2010 for further consideration.
On 29 November 2010 the matter was listed at the request of Mr Healy who indicated in his client’s absence that he would not be able to obtain a presentence report by 7 December but would be able to do so by 15 December. He requested an adjournment accordingly. The matter was then adjourned until 21 December 2010 for submissions.
On Friday 17 December 2010 the matter was again called on and Mr Healy advised that both he and his instructing solicitor, Mr Dibden had ceased to act for the applicant in light of the fact that their instructions had been formally withdrawn by him.
On that day the applicant who was thereafter unrepresented said:
Well, firstly I would like to say that I very much like Tim Dibden and Nicholas Healy and unfortunately, although I have a…
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- R v Stevens [2011] SASC 69
- Case
- [2011] SASC 69
- Decision Date
CaseChat Overview and Summary
The court examined the evidence to determine if the applicant's plea was entered knowingly and voluntarily. The applicant claimed he was directed by his lawyers to plead guilty against his wishes and that he did not read the instructions document signed on 8 November 2010, citing emotional distress and mental unfitness at the time. He further alleged that he was not provided with a summary of the prosecution evidence beforehand and that he signed the document under duress, not fully understanding the charge or its severity. Despite these claims, the court found that the applicant had met with his lawyers on the day in question, although he admitted to only superficial discussions prior to that date. He also conceded that his friend was present during the meeting but only as a social visitor.
The court concluded that the applicant did understand the factual and legal issues upon which he entered his plea of guilty. It found that permitting the withdrawal of the plea would not result in a miscarriage of justice. Consequently, the application to withdraw the plea was refused. The applicant's understanding of the charge and the potential penalty, despite his claims of distress and lack of clarity, was deemed sufficient for the plea to stand.
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