Augusto Piras v Regina [2006] NSWCCA 396

Augusto Piras v Regina [2006] NSWCCA 396

The applicant failed to establish any error on the part of the primary judge in declining to allow withdrawal of the guilty plea, did not demonstrate judicial bias or miscarriage of justice, and no grounds for leave to appeal were made out.

Parties
Applicant: Augusto Piras; Respondent: Regina
Jurisdiction
Australia
Judgment Date
13 December 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Interlocutory Judgment
Outcome
Leave to appeal refused and application dismissed. Extension of time granted for making application.
Legal Topics
Withdrawal of Guilty Pleas, Judicial Bias, Appellate Review of Discretion
Criminal Law Withdrawal of Guilty Pleas Judicial Bias Appellate Review of Discretion

Case Brief

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Parties

Augusto Piras

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Interlocutory Judgment

Legal Issues

  1. 1 Whether leave should be granted to appeal the refusal to allow withdrawal of a guilty plea
  2. 2 Whether there was judicial bias by the trial judge
  3. 3 Whether the original plea was made under improper pressure or due to incompetence of counsel

Ratio Decidendi

The applicant failed to establish any error on the part of the primary judge in declining to allow withdrawal of the guilty plea, did not demonstrate judicial bias or miscarriage of justice, and no grounds for leave to appeal were made out.

Court Disposition

Leave to appeal refused and application dismissed. Extension of time granted for making application.

Orders

  • Applicant granted such extension of time as may be necessary for lodging application under section 5F of the Criminal Appeal Act 1912 (NSW)
  • Leave to appeal refused and application for such leave dismissed