Source: All England Reporter
Publisher Citation: [2005] All ER (D) 208 (Jul)
Neutral Citation: [2005] EWCA Crim 1955
Court: Court of Appeal, Criminal Division
Judge:

Smith LJ, Nelson and Henriques JJ
Representation Charles Bott (assigned by the Registrar of Criminal Appeals) for the defendant.
  Gillian Etherton (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 15 July 2005

Catchwords

Criminal law - Trial - Plea - Advance indication of sentence by trial judge - Whether indication of likely sentences on guilty plea and conviction breach of guidance - Whether breach rendering plea a nullity or conviction unsafe.

The Case

In the instant case, where the defendant had pleaded guilty to one count of rape on re-arraignment on the day of his trial for a number of offences, the judge's indication that a guilty plea to that count would result in a sentence of between six and seven years, but that on a conviction a sentence of at least 12years would be imposed, amounted to improper pressure on the defendant. In the circumstances, the pressure had played a significant part in causing the defendant to plead guilty. The conviction would be quashed, and retrial ordered under s7 of the as the old practice of declaring a plea to be a nullity where it had been induced by improper pressure was not only unnecessary, but was something of an anachronism.

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