Regina v Mascaro-Varillas [2005] NSWCCA 399

Regina v Mascaro-Varillas [2005] NSWCCA 399

The applicant's own evidence demonstrated beyond reasonable doubt his guilt of the offence, and the plea of guilty was attributable to genuine consciousness of guilt. There was no miscarriage of justice, no abuse of process, and the acts committed outside Australia were sufficiently connected to the importation offence. The application to withdraw the guilty plea was dismissed.

Jurisdiction
Australia
Judgment Date
22 November 2005
Procedural Posture
Criminal Appeal / Application to Withdraw Plea of Guilty After Conviction and Sentence
Outcome
Application dismissed
Legal Topics
['withdrawal of Guilty Plea' 'abuse of Process' 'jurisdiction Under Customs Act' 'drug Importation Offences']
['criminal Law'] ['withdrawal of Guilty Plea' 'abuse of Process' 'jurisdiction Under Customs Act' 'drug Importation Offences']

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Procedural Posture

Criminal Appeal / Application to Withdraw Plea of Guilty After Conviction and Sentence

Legal Issues

  1. 1 ['Whether leave should be granted to withdraw the plea of guilty' 'Whether a miscarriage of justice occurred in accepting the plea' 'Whether there was abuse of process in prosecution/extra-jurisdictional acts' 'Whether acts committed outside Australia can lead to conviction under s233B(1)(d) Customs Act']

Ratio Decidendi

The applicant's own evidence demonstrated beyond reasonable doubt his guilt of the offence, and the plea of guilty was attributable to genuine consciousness of guilt. There was no miscarriage of justice, no abuse of process, and the acts committed outside Australia were sufficiently connected to the importation offence. The application to withdraw the guilty plea was dismissed.

Court Disposition

Application dismissed

Orders

  • ['Leave not granted to withdraw plea of guilty.' 'No new trial ordered.']