R v Daley [2002] NSWSC 29

New South Wales Supreme Court

CITATION : R v Daley [2002] NSWSC 29 CURRENT JURISDICTION: Criminal Division FILE NUMBER(S) : SC 70001/01 HEARING DATE(S) : 20/12/01 JUDGMENT DATE : 6 February 2002

PARTIES : Regina Anthony James Daley JUDGMENT OF : Simpson J

COUNSEL : J Kiely SC (Crown) E Wasilenia (Acc) SOLICITORS : State DPP (Crown) Forsters (Acc) CATCHWORDS : Criminal Law - Application to withdraw pleas of guilty - Application Refused LEGISLATION CITED : Crimes (Sentencing Procedure) Act, 1999 Meissner v R (1995) 184 CLR 132 R v Marchando [2000] NSWCCA 8 CASES CITED : R v Wilkes [2001] NSWCCA 97 R v KCH [2001] NSWCCA 273 R v Davies (1993) 19 MVR 481 R v Sewell [2001] NCA 299 DECISION : Ref Para 18

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

SIMPSON J

Wednesday 6 February 2002

S70001/01 - REGINA v Anthony James DALEY

REASONS FOR JUDGMENT 1 Her Honour: By notice of motion filed on 15 October 2001 the applicant seeks leave to withdraw pleas of guilty he entered on 24 May 2001 to six charges on an indictment. Background 2 On 31 July 2000 the applicant was arrested and charged in relation to a series of sexual assaults and robberies said to have been committed over a period between 5 September 1998 and 7 July 2000, and involving eight different female complainants. He was committed to stand trial in this court. The trial was fixed to commence on 7 May 2001, with an estimate of six weeks. Altogether, at that time, the applicant faced twenty-one charges. These were counts of detaining for advantage (four counts); aggravated sexual assault (five counts); attempted sexual assault (three counts); armed robbery (eight counts); indecent assault (one count).