ROBERT JOHN FEENEY v THE QUEEN
[2014] ACTCA 1 (10 February 2014)
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – appeal against refusal of stay and granting of leave to Crown to withdraw acceptance of guilty plea – appeal from discretionary decision – no error shown – appeal dismissed.
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Adjournment, Stay of Proceedings or Order Restraining Proceedings – Pleas – appeal against refusal of stay and granting of leave to Crown to withdraw acceptance of guilty plea – no requirement that plea bargain was entered into by Crown by mistake or error before leave can be given to Crown to withdraw from plea bargain – prejudice claimed by accused – accused given leave to withdraw his plea of guilty – no unfair prejudice shown – appeal dismissed.
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Pleas – operation of Magistrates Court Act 1930 (ACT), s 90A – when accused should personally enter plea – effect if plea of guilty only advised to court by counsel – operation of Magistrates Court Act 1930 (ACT), s 143 – effect of dismissal of charge when no evidence offered by prosecutor.
Magistrates Court Act 1930 (ACT) ss 90A, 143
Crimes Act 1900 (NSW) s 394A
Criminal Procedure Act 1986 (NSW) s 153
House v the King (1936) 55 CLR 499
Jago v District Court (New South Wales) (1989) 168 CLR 23
Maxwell v The Queen (1996) 184 CLR 501
R v Beeby (1999) 104 A Crim R 142
R vBWM (1997) 91 A Crim R 260
R v Filimoehala (2003) 138 A Crim R 299
The Queen v Robert John Feeney [2012] ACTSC 153
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. ACTCA 49 of 2012
No. SCC 308 of 2009
Judge: Penfold and North JJ, Nield AJ
Court of Appeal of the Australian Capital Territory
Date: 10 February 2014
IN THE SUPREME COURT OF THE )
) No. ACTCA 49 of 2012
AUSTRALIAN CAPITAL TERRITORY ) No. SCC 308 of 2009
)
COURT OF APPEAL )
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:
ROBERT JOHN FEENEY Appellant
AND:
THE QUEEN Respondent
ORDER
Judge: Penfold and North JJ, Nield AJ
Date: 10 February 2014
Place: Canberra
THE COURT ORDERS THAT:
Order 2 made by Burns J is varied so that instead of “his plea of guilty” it refers to “any plea of guilty previously entered”.
Order 3 made by Burns J is varied so that instead of “the plea of guilty to receiving stolen goods” it refers to “any plea of guilty previously entered to receiving stolen property”.
Except as provided by Orders 1 and 2 above, the appeal is dismissed and the orders made by Burns J are confirmed.
IN THE SUPREME COURT OF THE )
) No. ACTCA 49 of 2012
AUSTRALIAN CAPITAL TERRITORY ) No. SCC 308 of 2009
)
COURT…
Continue reading Robert John Feeney v The Queen
Sign in free to access the full text
- AGLC
- Robert John Feeney v The Queen [2014] ACTCA 1
- Case
- [2014] ACTCA 1
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether the lower court erred in refusing to grant a stay of proceedings and in permitting the Crown to withdraw its acceptance of the guilty plea. Specifically, the Court considered whether there was a requirement for the Crown to demonstrate a mistake or error in entering into a plea bargain before being granted leave to withdraw from it, and whether the appellant suffered unfair prejudice as a result of these decisions. The operation of sections 90A and 143 of the *Magistrates Court Act 1930* (ACT) regarding the personal entry of pleas and the effect of a dismissal of a charge when no evidence is offered were also relevant considerations.
The Court reasoned that no error was shown in the discretionary decisions made by the lower court. It was held that there is no prerequisite for the Crown to establish a mistake or error in a plea bargain before seeking leave to withdraw from it. Furthermore, the Court found that the appellant had not demonstrated any unfair prejudice arising from the withdrawal of the Crown's acceptance of his guilty plea. The appeal was accordingly dismissed, with minor variations made to the orders of Burns J to clarify that the withdrawal applied to "any plea of guilty previously entered" rather than a specific plea.
Orders
Orders of the court
1. Order 2 made by Burns J is varied so that instead of “his plea of guilty” it refers to “any plea of guilty previously entered”.
2. Order 3 made by Burns J is varied so that instead of “the plea of guilty to receiving stolen goods” it refers to “any plea of guilty previously entered to receiving stolen property”.
3. Except as provided by Orders 1 and 2 above, the appeal is dismissed and the orders made by Burns J are confirmed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.