Busselton man delays sentencing by pleading both ‘guilty and not guilty’

A Busselton man caused confusion in court on Tuesday by attempting to plead both guilty and not guilty to an assault charge. James Bryan Heard, 30, appeared via video link from Bunbury Regional Prison in Busselton Magistrates Court where he was expected to plead guilty to a string of charges including acting disorderly in public, breaching both a police order and protective bail conditions, and an indecent assault. However, when Magistrate Joanne Andretrich asked for his plea for the unlawful and indecent assault charge, Heard responded “I would like to plead not guilty, but guilty”. Ms Andretrich told the court because of Heard’s confusing response, she could not accept that plea before Mr Heard tried to take it back and plead guilty. His lawyer, however, said they had not anticipated the confusing plea and asked for more time to speak to Mr Heard about the matter before committing to a sentencing. The matter was adjourned for one week, with Mr Heard scheduled to appear via video link in Busselton Magistrates Court on July 2. He will remain behind bars in Bunbury Regional Prison until then.