R v Bayliss [2002] NSWCCA 11

R v Bayliss [2002] NSWCCA 11

No credible evidence was provided to support allegations that the plea was induced by fraud, duress, improper pressure, or corrupt legal advice; written instructions and evidence from legal representatives confirm that the guilty plea was made freely and voluntarily after proper advice; lengthy delay in filing the appeal was unexplained and no exceptional circumstances exist; therefore, leave to appeal out of time is refused and the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
14 February 2002
Procedural Posture
Criminal Appeal / Application for Extension of Time and Appeal Against Conviction and Sentence
Outcome
Leave to appeal out of time refused. Appeal dismissed.
Legal Topics
['extension of Time' 'appeal Against Conviction' 'appeal Against Sentence' 'indecent Assault' 'act of Indecency' 'plea of Guilty' 'duties of Legal Advisors']
['criminal Law'] ['extension of Time' 'appeal Against Conviction' 'appeal Against Sentence' 'indecent Assault' 'act of Indecency' 'plea of Guilty' 'duties of Legal Advisors']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time and Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether leave to appeal out of time should be granted' 'Whether plea of guilty was improperly obtained through fraud or duress' 'Whether legal advice given to appellant was corrupt or improper' 'Whether there was a miscarriage of justice']

Ratio Decidendi

No credible evidence was provided to support allegations that the plea was induced by fraud, duress, improper pressure, or corrupt legal advice; written instructions and evidence from legal representatives confirm that the guilty plea was made freely and voluntarily after proper advice; lengthy delay in filing the appeal was unexplained and no exceptional circumstances exist; therefore, leave to appeal out of time is refused and the appeal is dismissed.

Court Disposition

Leave to appeal out of time refused. Appeal dismissed.

Orders

  • ['Application to extend the time for filing notice of appeal refused.' 'Appeal against conviction and sentence dismissed.']