Turner v Wheeler [2016] NSWSC 345

Supreme Court New South Wales

Medium Neutral Citation: Turner v Wheeler [2016] NSWSC 345 Hearing dates: 24 March 2016 Date of orders: 31 March 2016 Decision date: 31 March 2016 Jurisdiction: Common Law Before: Campbell J Decision: Extend the time for filing the summons to 11th June 2015; Grant leave to appeal; Appeal allowed; Set aside the order pronounced in the Local Court at Queanbeyan on 2nd April 2015 refusing the plaintiff's application to withdraw her plea of guilty to charge reference H53660265, sequences 1, 3, 8, 9, 11, 12, 16, 17, 18, 21, 24, 27, 26, 29, 33, 34, 36, 37, 53, 56, 57, 69, 72, 78 and 84; Remit the application for further determination in the Local Court on the evidence taken on 2nd April 2015 and in accordance with these reasons. The defendant to pay the plaintiff's costs of the appeal on the ordinary basis forthwith after they have been agreed or assessed. Catchwords: CRIMINAL LAW– practice and procedure – application to withdraw pleas of guilty in Local Court –evidence of fundamental misunderstanding of the burden and onus of proof in a criminal trial miss-stated by Magistrate – where evidence of misunderstanding unchallenged – failure of Magistrate to identify relevant legal principles an error of law Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Supreme Court Rules 1970 (NSW) Supreme Court Act 1970 (NSW) Category: Consequential orders (other than Costs) Parties: Turner (Plaintiff) Wheeler (Defendant); Representation: Counsel: S Kluss (Plaintiff) C McGorey (Defendant)