NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Loury v Regina [2010] NSWCCA 158
HEARING DATE(S): 14/07/2010; 15/07/2010
JUDGMENT DATE: 13 August 2010
JUDGMENT OF: Hodgson JA at 1; Kirby J at 4; Whealy J at 5
EX TEMPORE JUDGMENT DATE: 16 July 2010
DECISION: The Court sets aside the appellant's pleas entered before the District Court to three charges said to have been committed on 21 December 2007. The Court quashed the convictions and set aside the sentences arising from the pleas to those charges and remitted the charges to the District Court.
CATCHWORDS: CRIMINAL LAW - Appeal against conviction - Setting aside pleas of guilty after conviction - Miscarriage of justice - Plea entered without genuine consciousness of guilt - Plea not a true acknowledgement of guilt - Factors showing lack of integrity of plea - Accused's reliance on solicitor's advice - Failure by legal respresentatives to have agreed facts statement signed - Failure to take adequate instructions.
LEGISLATION CITED: Crimes Act 1900
Hura v The Queen (2001) 121 A Crim R 472 Meissner v The Queen (1995) 184 CLR 132 R v Chiron [1980] 1 NSWLR 218 R v KCH (2001) 124 A Crim R 233 CASES CITED : R v Rae (No 2) (2005) 157 A Crim R 182 R v Wilkes (2001) 122 A Crim R 310 Sabapathy v The Queen [2008] NSWCCA 82 at [14] Sauer v The Queen [2006] NSWCCA 81 at [8] Wong v DPP (NSW) (2005) 155 A Crim R 37 at [33] Woods v The Queen (2008) 184 A Crim R 108
PARTIES: Regina v Dean Loury
FILE NUMBER(S): CCA 2008/12471
COUNSEL: Ms T Evers - Applicant P Leask - Respondent Crown
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate