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Wednesday 2 May 2012

The benefits of an early plea

Even in the darkest of circumstances where evidence against the defendant is so overwhelming that a guilty verdict is the only plausible outcome, it has been held that an early plea should still be given credit.

In R v Wilson (Paul Anthony) the defendant was sentenced to life imprisonment with a minimum of 15 years after his guilty plea to two offences.
Wilson appealed this and their lordships held in the Court of Appeal, Criminal Division, that an early plea is in benefit of the defendant as long as, under all circumstances, it was in the interest of justice.

In this specific case the appellant had video recordings of a sexual assault on a 3 year old as well as sexual images of two young teenagers. It is due to the high level of evidence that the Lord Chief Justice declared the appellant had no option but to plead guilty so should not be rewarded for an early plea.

However, whilst appreciating the reluctance of the Lord Chief Justice to give credit, it was held by their lordships that the earlier the plea the greater the public benefit.

This was specifically important in this particular case as it ensured that the judges and jury were prevented from having to witness the shocking video.

Showing that as long as the guilty plea is for the public benefit and in the general interest of justice, regardless of the evidence against the individual, they will still receive credit for an early plea.


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