Practice and Procedure

R V BARGERY (2004)

PUBLISHED March 19, 2004

[2004] EWCA Crim 816

A conviction for using threatening behaviour was unsafe as the defendant's plea of guilty had not been entered freely. The judge had indicated that if the defendant fought a charge of affray, and lost, he would be facing imprisonment and if he pleaded guilty to the lesser offence of using threatening behaviour he would impose a non-custodial sentence.

CA (Crim Div) (Mance LJ, Forbes J, Evans J)