R v Becheru [2001] NSWCCA 102

R v Becheru [2001] NSWCCA 102

The appeal was dismissed because the appellant was fully informed, understood what he was doing, and made a free and informed choice to maintain his guilty plea. The circumstantial Crown case was very strong, there was no real possibility that he would have succeeded at trial, and there was no support for the allegation that he was wrongly pressured or imprudently advised. No miscarriage of justice was established.

Jurisdiction
Australia
Judgment Date
06 April 2001
Procedural Posture
Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal From the District Court After a Guilty Plea
Outcome
Appeal dismissed
Legal Topics
['guilty Plea' 'miscarriage of Justice' 'possession of Trafficable Quantity of Heroin Reasonably Suspected of Having Been Imported' 'customs Act Offence']
['criminal Law' 'criminal Appeals'] ['guilty Plea' 'miscarriage of Justice' 'possession of Trafficable Quantity of Heroin Reasonably Suspected of Having Been Imported' 'customs Act Offence']

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Procedural Posture

Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal From the District Court After a Guilty Plea

Legal Issues

  1. 1 ["Whether the appellant's guilty plea was a free and voluntary plea." 'Whether the plea was made in circumstances involving a true admission of guilt.' 'Whether the appellant was wrongly pressured or effectively pushed into maintaining the plea.' 'Whether a miscarriage of justice was established so as to justify setting aside the conviction.']

Ratio Decidendi

The appeal was dismissed because the appellant was fully informed, understood what he was doing, and made a free and informed choice to maintain his guilty plea. The circumstantial Crown case was very strong, there was no real possibility that he would have succeeded at trial, and there was no support for the allegation that he was wrongly pressured or imprudently advised. No miscarriage of justice was established.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.']