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"[the Appellant] is charged with one offence of assault on [Redacted] (the Complainant) on 9 December of last year. He first appeared before the Court on 21 May, represented by the Duty Advocate, Advocate Boothman , and entered a guilty plea. That was on a basis, because he didn't accept, for example, that he put his hands around his wife's neck and that basis was submitted and accepted by the Crown.
The matter was remanded for sentencing but in the remand period he approached Advocate Corbett, with whom he had had previous dealings and the upshot of that was that he then instructed Advocate Binnie and an application has been made for leave to withdraw that plea.
The principles are well established in Jersey and had been recently set out in Articles 79 of the Criminal Procedure Law. In essence, a defendant who has entered a guilty plea may, with the leave of the Court, withdraw that plea.
The most recent review was AG v Chereches . This is a discretion to be exercised very sparingly, particularly when entered with the benefit of legal advice.
There is a detailed affidavit from Advocate Boothman . I have considered that together with the affidavit from [B], the affidavit from Advocate Corbett and the Skeleton Arguments and submissions that I have heard this afternoon.
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