R v Kazem Khodamoradi
[2022] EWCA Crim 37
R v Juan Ramon Alonso Carrasco
30 April 2024
[2024] EWCA Crim 499
Court of Appeal
A man pleaded guilty to assault and strangulation, facing deportation as a result. His lawyer gave him bad advice about when deportation would happen. The court said even with bad advice, his guilty plea was his own choice, so the conviction stands.
Key Facts
- •Juan Ramon Alonso Carrasco pleaded guilty to two counts of non-fatal strangulation and one count of common assault.
- •He received a 12-month prison sentence.
- •He is not a British citizen and faces automatic deportation due to the sentence.
- •His counsel incorrectly advised him about the deportation threshold (12 months vs. over 12 months).
- •He applied for leave to appeal against conviction, arguing his pleas were induced by erroneous legal advice.
- •The victim, Sinead Schooley, was unavailable to testify due to a suicide attempt and resulting brain injury.
- •Hearsay evidence from a bodycam recording and witness testimony was admitted.
- •The appellant denied strangulation, claiming self-defense.
- •The Recorder provided a sentence indication before the plea.
Legal Principles
A guilty plea is a formal admission of guilt, and appeals against conviction based on such pleas are usually unsuccessful.
R v Asiedu [2015] EWCA Crim 714
Exceptions exist where incorrect legal advice deprived the defendant of a legal defense that likely would have succeeded.
R v Tredget [2022] EWCA Crim 108, R v PK [2017] EWCA Crim 486, R v BRP [2023] EWCA Crim 40
Erroneous advice about sentence length rarely invalidates a guilty plea unless it goes to the heart of the plea, making it not a free plea.
R v Saik [2004] EWCA Crim 2936
A guilty plea, even if influenced by factors like immigration concerns, can still be a true acknowledgment of guilt if the defendant had a free choice and understood the implications.
R v Saik [2004] EWCA Crim 2936
Outcomes
Appeal dismissed.
The court found the appellant was fit to plead, there was no improper pressure, and the erroneous advice did not deprive him of a legal defense. The plea was deemed a true acknowledgment of guilt.