Budrodeen v R [2017] NSWCCA 100

Budrodeen v R [2017] NSWCCA 100

There was no evidence before the Court that hotel CCTV footage had been suppressed, concealed, or destroyed. No substantive defence of entrapment exists under Australian law, and none of the matters alleged by the applicant were established. The integrity of the applicant's plea was not impugned, and no miscarriage of justice was demonstrated.

Parties
Applicant: Adam Wayne Budrodeen; Respondent: Regina
Jurisdiction
Australia
Judgment Date
19 May 2017
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction; Appellate Judgment
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Conviction Following Guilty Plea, Integrity of Plea, Destruction of Evidence, Entrapment
Criminal Law Conviction Following Guilty Plea Integrity of Plea Destruction of Evidence Entrapment

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Parties

Adam Wayne Budrodeen

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction; Appellate Judgment

Legal Issues

  1. 1 Whether destruction or suppression of evidence justified setting aside guilty plea
  2. 2 Whether entrapment impugned the integrity of the guilty plea
  3. 3 Circumstances which justify setting aside a conviction following a guilty plea

Ratio Decidendi

There was no evidence before the Court that hotel CCTV footage had been suppressed, concealed, or destroyed. No substantive defence of entrapment exists under Australian law, and none of the matters alleged by the applicant were established. The integrity of the applicant's plea was not impugned, and no miscarriage of justice was demonstrated.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed