Appeal to overturn a Guilty Plea

The defendant and his mother were represented by a legal aid firm for a very serious offence of Section 18 Grievous Bodily Harm (GBH). Upon advice received by his trial counsel he pleaded guilty to the offence and received nine years imprisonment. The mother believed the advice that she would avoid prison but was sentenced to 18 months for a lesser offence of affray. Both defendants were of previous good character and from a good family background. They pleaded guilty on the first day of trial, having been advised that they would receive lesser sentences.

The defendant/appellant had approached the services of a Queen’s counsel to draft grounds of appeal in relation to the advice he had been provided. We were instructed privately as a result of investigation that was required to assist in preparation of the appeal. It was imperative we obtained statements from nine witnesses in a short space of time, which dealt with the advice the defendant had received. We drafted a pro-forma questionnaire to provide to the witnesses prior to seeing them and then attended upon them to take their statements. These were submitted to Queen’s Counsel to assist in drafting the grounds of appeal. The appellant is appealing his guilty plea to the offences on the basis