Source: All England Reporter
Publisher Citation: [2008] All ER (D) 345 (Jun)
Court: Queen's Bench Division, Administrative Court

Moses LJ and Goldring J

Representation John Edwards (instructed by Swaffields) for the appellant.
  Tim Green (instructed by Vanessa Brown) for the authority.
Judgment Dates: 25 June 2008


Criminal law - Trial - Plea - Guilty - Contravention of tree preservation order - Appellant applying to change plea - Judge refusing to allow change of plea - Whether judge erring.

The Case

Criminal law Trial. In criminal proceedings where the appellant pleaded guilty cutting down eleven trees protected by a tree preservation order, contrary to s210(1) of the but subsequently applied to change his plea on the basis of advice he had received from a tree surgeon, the judge had erred in making his decision to refuse the appellant permission to change his plea, based solely on the potentially mistaken evidence as to when the tree surgeon's advice had been given. The matter would be remitted to the Crown Court to determine whether the appellant's plea had been equivocal or not.

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