R v Guissepe Maltese [2004] NSWCCA 408

R v Guissepe Maltese [2004] NSWCCA 408

The fresh evidence, particularly M5's concessions that parts of the record of interview were fabricated and that the appellant signed under duress, meant the Court could not be satisfied beyond reasonable doubt as to the voluntariness of the confession and there was a real doubt about the appellant's guilt. The appellant's guilty plea was not entered as a genuine recognition of guilt but in response to the perceived inevitability of conviction based on the signed confession. The conviction therefore constituted a miscarriage of justice.

Jurisdiction
Australia
Judgment Date
19 November 2004
Procedural Posture
Criminal Appeal Against Conviction Following Plea of Guilty / Appeal in the New South Wales Court of Criminal Appeal
Outcome
Appeal allowed. Conviction quashed and verdict of acquittal entered.
Legal Topics
['appeal Against Conviction' 'plea of Guilty' 'fresh Evidence' 'police Misconduct' 'miscarriage of Justice' 'voluntariness of Confession']
['criminal Law' 'criminal Procedure'] ['appeal Against Conviction' 'plea of Guilty' 'fresh Evidence' 'police Misconduct' 'miscarriage of Justice' 'voluntariness of Confession']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction Following Plea of Guilty / Appeal in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the appellant's conviction following a plea of guilty constituted a miscarriage of justice." 'Whether fresh evidence of police misconduct and fabrication should be admitted and affected the safety of the conviction.' "Whether the appellant's plea of guilty was entered as a genuine recognition of guilt." "Whether the Court could be satisfied beyond reasonable doubt as to the voluntariness of the appellant's confession."]

Ratio Decidendi

The fresh evidence, particularly M5's concessions that parts of the record of interview were fabricated and that the appellant signed under duress, meant the Court could not be satisfied beyond reasonable doubt as to the voluntariness of the confession and there was a real doubt about the appellant's guilt. The appellant's guilty plea was not entered as a genuine recognition of guilt but in response to the perceived inevitability of conviction based on the signed confession. The conviction therefore constituted a miscarriage of justice.

Court Disposition

Appeal allowed. Conviction quashed and verdict of acquittal entered.

Orders

  • ['Appeal allowed.' 'Conviction quashed.' 'Verdict of acquittal entered.']