[2017] TASSC 74
COURT: SUPREME COURT OF TASMANIA
CITATION: Tasmania v Chatters (No 2) [2017] TASSC 74
PARTIES: STATE OF TASMANIA
v
CHATTERS, Heath Lance
FILE NO: 375/2015
DELIVERED ON: 16 August 2017 (Parties Only)
DELIVERED AT: Hobart
HEARING DATES: 15, 17 May, 1, 13, 19, 20, 23 June 2017
JUDGMENT OF: Brett J
CATCHWORDS
Criminal Law – Procedure – Pleas – General pleas – Plea of guilty – Withdrawal and restoration of plea – Generally – Whether further application for leave to withdraw plea of guilty after determination of first application is an abuse of process.
Criminal Code 1924 (Tas), s 356.
Marlow v The Queen [1990] Tas R 1; Meissner v The Queen (1995) 184 CLR 132; Wong v The Director of Public Prosecutions [2005] NSWSC 129, 155 A Crim R 37; R v Pugh [2005] SASC 427, 158 A Crim R 302; Thalari v The Queen [2009] NSWCCA 170, 75 NSWLR 307; Loury v The Queen [2010] NSWCCA 158; R v S, RP [2011] SASCFC 42; Bajramovic v Calubaquib [2015] NSWCA 139, 71 MVR 15; Weston (a pseudonym) v The Queen [2015] VSCA 354, cited.
R v Plummer [2000] NSWCCA 363; R v Wilkinson (2009) 195 A Crim R 20; Ritchie v The Queen [2017] NSWCCA 21, referred to.
Aust Dig Criminal Law [3091]
REPRESENTATION:
Counsel:
State: M Wilson
Accused: G A Richardson
Solicitors:
State: Director of Public Prosecutions
Accused: G A Richardson
Judgment Number: [2017] TASSC 74
Number of paragraphs: 87
Serial No 74/2017
File No 375/2015
STATE OF TASMANIA v HEATH LANCE CHATTERS (No 2)
REASONS FOR JUDGMENT BRETT J
16 August 2017
On 30 August 2016, Mr Chatters pleaded guilty before another judge to the crimes of armed robbery, assault and rape. He subsequently applied for leave to withdraw those pleas and enter pleas of not guilty in their place, pursuant to s 356 of the Criminal Code. The application was heard and refused by a second judge. When the matter came before me for the purpose of sentencing, Mr Chatters again asserted his innocence in respect of all charges, and made assertions of fact inconsistent with the allegations made by the State. He subsequently made a further application for leave to withdraw the pleas of guilty.
The proceedings described above raise the following issues for determination by me:
(a)Whether I have jurisdiction to determine the fresh application for leave to withdraw the pleas of guilty and, if so, the relevance, if any, of the determination of the earlier application by another judge.
(b)If I have jurisdiction to determine the application, whether leave should be granted for the withdrawal of the pleas.
(c)If leave is not granted, then it is necessary to determine the factual basis of sentencing, given the dispute which has arisen as to that question.
It was agreed by both parties that I would hear all of the evidence relevant…
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CaseChat Overview and Summary
The central legal issue before the court was whether the making of a second application for leave to withdraw a plea of guilty, subsequent to the denial of a first application, amounted to an abuse of process. The court had to balance the defendant's right to make a voluntary and informed plea against the need for finality and efficiency in criminal proceedings. The court also considered whether the application was frivolous or vexatious and whether it had the potential to cause an unfair trial or waste of court resources.
The Supreme Court of Tasmania concluded that the second application for leave to withdraw the plea of guilty was indeed an abuse of process. The court found that Chatters' application was not made in good faith and that it had the potential to cause significant prejudice to the prosecution and the administration of justice. The court emphasised the importance of finality in the plea process and noted that allowing further applications could undermine the integrity of the criminal justice system. Consequently, the court dismissed the application and Chatters' plea of guilty remained in place.
The final orders of the court were that Chatters' second application to withdraw his plea of guilty was dismissed. The plea of guilty would stand, and the trial proceeded on that basis. The court's decision underscored the principle that once a plea has been determined, further applications to withdraw it may be seen as an abuse of process, particularly if they lack merit or are made in bad faith.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence Before The Court
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Legal Principle Established
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