Conklin v R [2017] NSWCCA 275

The applicant's guilty pleas were made with recognition of the dishonesty of his conduct and the inevitable outcome of a trial; he was advised of the elements, had opportunity to review the evidence and facts, and no miscarriage of justice was demonstrated. The application for leave to appeal against conviction and sentence was dismissed.

Jurisdiction: Australia
Judgment Date: 22 November 2017
Procedural Posture: Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome: Leave to appeal against conviction refused; Leave to appeal against sentence refused
Legal Topics: ['appeal Against Conviction' 'integrity of Guilty Plea' 'sentencing' 'dishonesty Offences' 'agreed Facts in Sentencing']

['criminal Law'] ['appeal Against Conviction' 'integrity of Guilty Plea' 'sentencing' 'dishonesty Offences' 'agreed Facts in Sentencing']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

1 ['Whether applicant understood the nature and elements of the charges on guilty plea' 'Whether guilty plea reflected genuine consciousness of guilt' "Whether 'agreed facts' were knowingly agreed to by applicant on sentence" 'Whether Crown agreed not to oppose specific term of imprisonment or discount for guilty plea']

Ratio Decidendi

Court Disposition

Leave to appeal against conviction refused; Leave to appeal against sentence refused

Orders

['Leave to appeal against conviction refused' 'Leave to appeal against sentence refused']