Regina v Phillip Abbruzzese [2007] NSWDC 103

New South Wales District Court

CITATION: Regina v Phillip Abbruzzese [2007] NSWDC 103

HEARING DATE(S): 15/9/2006, 29/9/2006, 3/10/06, 12/12/06

JUDGMENT DATE: 30 January 2007

JURISDICTION: Criminal

JUDGMENT OF: Bennett SC DCJ

DECISION: Application refused

CATCHWORDS: CRIMINAL LAW - Practice and Procedure - Pleas - Application to withdraw pleas of guilty - relevance of applicant's mental health - whether susceptible to anxiety from the prosecution and related advice - whether competent to make properly informed decision to plead guilty.

LEGISLATION CITED: Crimes Act, 1914 (Cth) section 29D Criminal Code 1995 (Cth) section 135.1(5)

R v Abbruzzese [2006] NSWCCA 207 CASES CITED: Wong v DPP (2005) 155 A Crim R 37 R v Van (2002) 129 A Crim R 229 at [48] Meissner v The Queen (1995) 184 CLR 132 @ 141

PARTIES: Commonweath Crown Phillip Abbruzzese

FILE NUMBER(S): 04/11/0390

COUNSEL: Ms C Dobraszczyk Mr Davidson

SOLICITORS: Ms W Firth - Cwth DPP

- 1 -

JUDGMENT

Introduction

1 This is an application by Phillip Abbruzzese (the Applicant) for leave to withdraw pleas of guilty he entered upon arraignment in respect of two charges arising from frauds upon the Commonwealth of Australia. The parties agree that this occurred on the 25th July 2005.

2 There is also before me, in separate proceedings, an application by the Applicant's wife, Violetta Kostadinoska, who wishes to withdraw her pleas of guilty in respect of two of a number of charges upon which she has been presented arising generally from the same facts and circumstances. She is separately represented. Her application has been listed contemporaneously with that of this Applicant as the proceedings have continued. However, such connections as there are between the Applicant and his wife in these prosecutions do not impact upon the decision I am called upon to make in this present matter.