Assi v R [2015] NSWDC 343

District Court New South Wales

Medium Neutral Citation: Assi v R [2015] NSWDC 343 Hearing dates: 28-29 September 2015 Date of orders: 29 September 2015 Decision date: 29 September 2015 Jurisdiction: Criminal Before: Neilson DCJ Decision: Application for leave to appeal from refusal of the Local Court to permit the applicant to withdraw the plea of guilty dismissed

On application of the appellant, adjourned

Bail to continue

Updated Pre-Sentence Report required Catchwords: CRIMINAL LAW – Application for leave to appeal from Local Court's refusal to allow withdrawal of guilty plea – Plea entered on first day of hearing – Applicant asserted he instructed solicitor he was innocent and was confused/ignorant/misled when entering plea –Email correspondence prior to plea indicated that plea was entered seeking the benefit of early guilty plea discount and letter of comfort – Applicant had previously experienced criminal proceedings with the assistance of a solicitor – Applicant understood effect of the plea and consciously entered it to receive perceived advantages in sentence Legislation Cited: Crimes (Appeal and Review) Act 2001 Cases Cited: Abalos v The Australian Postal Commission (1990) 171 CLR 167 AG v DPP (NSW) [2015] NSWCA 218 Charara v Regina [2006] NSWCCA 244 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Hollingsworth v Bushby [2014] NSWDC 101 R v Rae (No 2) [2005] NSWCA 380 Category: Procedural and other rulings Parties: Jihad Muhieddine Assi (Applicant/Appellant) Crown (Respondent) Representation: Counsel: Mr G Harrison (Applicant/Appellant)