Published 25 November 2024
Application to withdraw plea — guilty plea — attempted sexual violation — Criminal Procedure Act 2011, ss 115 & 322 — Blakemore v Waitakere District Court HC Auckland M879/02, 14 November 2002 — R v Clark CA/59/02, 28 May 2002 — R v Ripia [1985] 1 NZLR 122; (1984) 1 CRNZ 145 — Police v Milne [2020] NZHC 267. The defendant had pleaded guilty to one charge of attempted sexual violation. He pleaded guilty 10 days before his scheduled jury trial. He subsequently sought to vacate the guilty plea, claiming that his lawyer at the time had coerced him into pleading guilty. The Court heard evidence from various lawyers, the victim's mentor, and police officers, traversing the facts leading to the application to vacate the plea. The Court found on the evidence that the defendant had been appropriately advised on the potential outcomes for either pleading guilty or not guilty, and had sufficient opportunity to change his plea to not guilty prior to his plea being accepted by the Court. The defendant was calm, appeared well-versed with the case against him, did not exhibit any lack of capacity, and had not previously shown any reluctance to share his views. The Court noted that while there were aspects of his representation that could have been improved on, this had not influenced the defendant's decision to plead guilty and did not mean that the complaints were made out. The Court dismissed the application to vacate the guilty plea. Judgment Date: 23 December 2021.
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