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"The law is the law: rules and legislations must be obeyed and enforced exactly as they are written, regardless of personal inconvenience, moral debate, or individual feelings".
A guilty plea narrows the available grounds of appeal, but it does not completely shut the door. Sometimes the strongest grounds lie in what happened before the plea was entered, how it was taken, or what followed thereafter.
Depending on the facts of the case and what actually transpired before the trial court, some of the possible grounds may include:
1. The plea of guilty was not clear, voluntary, and unequivocal.
2. The charge was not properly explained to the accused in a language he understood.
3. The accused did not fully appreciate the nature of the charge or the consequences of pleading guilty.
4. The facts presented by the prosecution did not establish all the essential ingredients of the offence charged.
5. The trial court failed to satisfy itself that the accused understood the effect of the plea before entering a conviction.
6. The trial court lacked jurisdiction to entertain the charge.
7. The charge did not disclose an offence known to law.
8. The accused was denied a fair opportunity to obtain or consult legal representation before entering the plea.
9. The trial court failed to comply with the procedural safeguards required by law before convicting on a plea of guilty.
10. The sentence imposed was unlawful, excessive, manifestly harsh, or outside the limits prescribed by statute.
Ultimately, every case turns on its peculiar facts. A guilty plea is a significant hurdle on appeal, but defects relating to jurisdiction, fair hearing, procedure, the validity of the plea, the sufficiency of the facts, and the legality of the sentence may still justify appellate intervention.
"Any agreement or contract procured under duress, coercion, or illegitimate pressure is considered invalid or unenforceable".
There can be no liberty without rule of law, nor justice without accountability under the law.
In law, words have consequences. Until a court says “guilty” calling someone a criminal, an abuser amounts to nothing but noise with confidence