R v Masri [2005] NSWCCA 330

R v Masri [2005] NSWCCA 330

The plea of guilty was entered based on erroneous legal advice that his claim to have possession for personal use did not affect his guilt. Because the appellant's evidence (accepted by the sentencing judge) was that the possession was only for personal use, the plea could not have been properly accepted. This amounted to a miscarriage of justice, requiring that the conviction and sentence be quashed.

Parties
Appellant: Ali Masri; Respondent: Crown
Jurisdiction
Australia
Judgment Date
14 September 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal allowed
Legal Topics
Supply Prohibited Drug, Plea of Guilty, Deemed Supply, Miscarriage of Justice
Criminal Law Supply Prohibited Drug Plea of Guilty Deemed Supply Miscarriage of Justice

Case Brief

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Parties

Ali Masri

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's plea of guilty was entered under a misapprehension of the law regarding deemed supply where possession was for personal use
  2. 2 Whether there was a miscarriage of justice

Ratio Decidendi

The plea of guilty was entered based on erroneous legal advice that his claim to have possession for personal use did not affect his guilt. Because the appellant's evidence (accepted by the sentencing judge) was that the possession was only for personal use, the plea could not have been properly accepted. This amounted to a miscarriage of justice, requiring that the conviction and sentence be quashed.

Court Disposition

appeal allowed

Orders

  • Conviction and sentence quashed
  • Bail granted subject to conditions