Han v R [2012] NSWCCA 257

Han v R [2012] NSWCCA 257

The applicant failed to establish a good and substantial reason to withdraw his guilty pleas; there were no meaningful differences between original and revised statements of facts; correspondence and conduct indicated understanding of the charges; no evidence of inducement or misunderstanding by the applicant; no miscarriage of justice occurred; no manifest excess or error was identified in the sentence.

Jurisdiction
Australia
Judgment Date
05 December 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence Following Plea of Guilty
Outcome
Appeal against conviction dismissed; leave to appeal against sentence refused.
Legal Topics
['appeal Against Conviction' 'appeal Against Sentence' 'plea of Guilty' 'conspiracy' 'false Instruments' 'telecommunications Offences' 'miscarriage of Justice']
['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'plea of Guilty' 'conspiracy' 'false Instruments' 'telecommunications Offences' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['Whether circumstances in which applicant entered guilty plea caused a miscarriage of justice' 'Whether plea was based on erroneous agreed facts or misunderstanding as to agreed sentence' 'Whether applicant understood the true nature of the charges' 'Whether sentence was excessive or in error']

Ratio Decidendi

The applicant failed to establish a good and substantial reason to withdraw his guilty pleas; there were no meaningful differences between original and revised statements of facts; correspondence and conduct indicated understanding of the charges; no evidence of inducement or misunderstanding by the applicant; no miscarriage of justice occurred; no manifest excess or error was identified in the sentence.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence refused.

Orders

  • ['Appeal against conviction dismissed' 'Leave to appeal against sentence refused']