Kim Hollingsworth v Bushby (RSPCA) [2014] NSWDC 101

District Court New South Wales

Medium Neutral Citation: Kim Hollingsworth v Bushby (RSPCA) [2014] NSWDC 101 Hearing dates: 14 - 16 May 2014 Decision date: 16 May 2014 Before: Neilson DCJ Decision: Application refused. Catchwords: Application seeking leave to withdraw pleas of guilty entered in Local Court - Pleas entered and matter adjourned - Application made in Local Court to traverse pleas refused - Leave refused

Applicant alleged counsel for prosecution induced entry of pleas by promise of return of horses the subject of the proceedings - Alleged inducement relayed by acquaintance of applicant - Conflict of evidence as to what, if anything, was said between counsel and acquaintance - Evidence of acquaintance inconsistent with court transcripts - Counsel indicated on the record that an order would be sought limiting the number of horses kept by applicant - No protestation made by applicant - Evidence of counsel preferred

Purported failure of prosecution to obtain advice from prescribed authorities before commencing prosecution - not raised in Local Court, therefore not available on appeal

Whether insufficient time to fully comprehend charges - Applicant asserted "charges were frequently withdrawn" - Amendments to charges reduced factual matters required to be considered - Applicant had in excess of 6 months to consider charges - Applicant had benefit of Court Attendance Notices and prosecution opening - No protestation made - Transcript and proceedings below indicate applicant understood charges

Whether insufficient time to consider evidence - Applicant had been served with prosecution statements prior to hearing - Applicant utilised opportunities to call evidence, cross-examine and re-examine - No disadvantage