Johnston v R [2009] NSWCCA 82

Johnston v R [2009] NSWCCA 82

Because the appellant pleaded guilty solely on legal advice based on CTM v R (2007) 171 A Crim R 371, which held that honest and reasonable mistake as to age was unavailable, and that decision was later overturned by the High Court in CTM v The Queen (2008) 247 ALR 1, the integrity of the guilty pleas was called into question. The appellant lost a reasonable chance of being acquitted by relying on his belief as to the complainant's age, establishing a miscarriage of justice requiring the convictions to be quashed and the matter remitted for trial.

Jurisdiction
Australia
Judgment Date
27 March 2009
Procedural Posture
Criminal Appeal Against Conviction Following Pleas of Guilty / Appeal in the New South Wales Court of Criminal Appeal
Outcome
Appeal allowed. Convictions quashed. Matter to be remitted to the District Court for trial.
Legal Topics
['sexual Intercourse With a Child Aged Between 14 and 16' 'guilty Pleas' 'miscarriage of Justice' 'honest and Reasonable Mistake of Fact' 'appeal Against Conviction']
['criminal Law' 'criminal Procedure'] ['sexual Intercourse With a Child Aged Between 14 and 16' 'guilty Pleas' 'miscarriage of Justice' 'honest and Reasonable Mistake of Fact' 'appeal Against Conviction']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the appellant suffered a miscarriage of justice where he pleaded guilty on the basis of legal advice reflecting the then existing state of the law, which was later altered by the High Court.' "Whether convictions entered on guilty pleas should be quashed where the appellant lost the opportunity to rely on an honest and reasonable mistake of fact as to the complainant's age."]

Ratio Decidendi

Because the appellant pleaded guilty solely on legal advice based on CTM v R (2007) 171 A Crim R 371, which held that honest and reasonable mistake as to age was unavailable, and that decision was later overturned by the High Court in CTM v The Queen (2008) 247 ALR 1, the integrity of the guilty pleas was called into question. The appellant lost a reasonable chance of being acquitted by relying on his belief as to the complainant's age, establishing a miscarriage of justice requiring the convictions to be quashed and the matter remitted for trial.

Court Disposition

Appeal allowed. Convictions quashed. Matter to be remitted to the District Court for trial.

Orders

  • ['The appeal against the convictions in respect of the three counts brought pursuant to s 66C(3) of the Crimes Act be allowed.' 'The convictions be quashed.' 'The matter be remitted to the District Court for trial.']