R v Khan [2002] NSWCCA 521

R v Khan [2002] NSWCCA 521

The sentencing judge was entitled to reject the appellant's assertion that his guilty pleas were induced by prison attacks and threats and to find that the pleas were attributable to consciousness of guilt. There was no error in failing to determine a separate real-question-about-guilt ground, as that is not an independent basis for withdrawal and no such case was put to the judge. No error in the exercise of discretion or miscarriage of justice was shown.

Jurisdiction
Australia
Judgment Date
19 December 2002
Procedural Posture
Criminal Appeal Against Conviction / Appeal in the New South Wales Court of Criminal Appeal From the District Court Refusal of Leave to Withdraw Guilty Pleas
Outcome
Appeal dismissed.
Legal Topics
['withdrawal of Guilty Plea' 'armed Robbery' 'consciousness of Guilt' 'miscarriage of Justice' 'threats or Coercion Affecting Plea']
['criminal Law' 'criminal Procedure'] ['withdrawal of Guilty Plea' 'armed Robbery' 'consciousness of Guilt' 'miscarriage of Justice' 'threats or Coercion Affecting Plea']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Appeal in the New South Wales Court of Criminal Appeal From the District Court Refusal of Leave to Withdraw Guilty Pleas

Legal Issues

  1. 1 ['Whether the appellant should have been granted leave to withdraw his guilty pleas to two counts of armed robbery.' "Whether the sentencing judge's finding that the guilty pleas were not induced by prison attacks and threats was open." 'Whether the judge erred by not separately determining whether the pleas were attributable to a consciousness of guilt and whether there was a real question about guilt.' 'Whether refusal of leave to withdraw the guilty pleas resulted in a miscarriage of justice.']

Ratio Decidendi

The sentencing judge was entitled to reject the appellant's assertion that his guilty pleas were induced by prison attacks and threats and to find that the pleas were attributable to consciousness of guilt. There was no error in failing to determine a separate real-question-about-guilt ground, as that is not an independent basis for withdrawal and no such case was put to the judge. No error in the exercise of discretion or miscarriage of justice was shown.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.']