Regina v Grant Ian Mitchell [2007] NSWDC 369

New South Wales District Court

CITATION: Regina v Grant Ian Mitchell [2007] NSWDC 369

JUDGMENT DATE: 13 December 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Application refused.

CATCHWORDS: Criminal law - Application to reverse a plea of guilty - Child sexual assault charges - Public interest in finality of proceedings - Discretion of the presiding judge - Plea must be a free and voluntary confession with a genuine consciousness of guilt - Appellant suffering from post traumatic stress disorder after work accident - No miscarriage of justice

Regina v Hura (2001) 121 A Crim R 472 CASES CITED: Regina v Liberti (1991) 55 A Crim R 120 Regina v Sagiv (1986) 22 A Crim R 73

PARTIES: Regina Grant Ian Mitchell

FILE NUMBER(S): 05/21/2028

COUNSEL: Mr Gibson for the Crown Mr Cooley for Mr Mitchell

JUDGMENT

1. This is an application by Grant Ian Mitchell to reverse a plea of guilty. The plea of guilty was entered to three charges, which I will generally describe as aggravated sexual assault. They were committed against a girl who was under sixteen, which meant that they were aggravated. When I say "they were committed" that is the allegation contained in the indictment which is part of exhibit 1.

2. Mr Mitchell was charged on 29 June 2005. The matter was listed for mention at the Local Court and he was committed for trial on 21 October 2005. After various mentions in the District Court it was listed for trial on 9 October 2006. It was stood over to 10 October 2006 in order to edit a video which had been made of the complainant, presumably for the purpose of it being played during the trial. On 10 October 2006 Mr Mitchell entered pleas of guilty to the three charges of aggravated indecent assault.