MM v R [2016] NSWCCA 235

MM v R [2016] NSWCCA 235

The Applicant voluntarily pleaded guilty in open court, understood the elements of the offence, and was not subject to undue or improper pressure. Admission of the statement of facts did not occasion a miscarriage of justice, and the failure to adduce psychiatric evidence did not affect sentencing. The sentence was not unreasonable or plainly unjust.

Jurisdiction
Australia
Judgment Date
28 October 2016
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
['appeal Against Conviction' 'appeal Against Sentence' 'specially Aggravated Break and Enter' 'miscarriage of Justice' 'plea of Guilty' 'discount for Assistance to Authorities']
['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'specially Aggravated Break and Enter' 'miscarriage of Justice' 'plea of Guilty' 'discount for Assistance to Authorities']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ['Whether plea of guilty occasioned a miscarriage of justice' 'Whether admission of statement of facts on sentence occasioned a miscarriage of justice' "Whether failure to adduce evidence of Applicant's mental condition caused a miscarriage of justice" 'Whether sentence is unreasonable or plainly unjust']

Ratio Decidendi

The Applicant voluntarily pleaded guilty in open court, understood the elements of the offence, and was not subject to undue or improper pressure. Admission of the statement of facts did not occasion a miscarriage of justice, and the failure to adduce psychiatric evidence did not affect sentencing. The sentence was not unreasonable or plainly unjust.

Court Disposition

Appeal dismissed

Orders

  • ['Extension of time to 30 October 2015 to apply for leave to appeal against conviction and sentence granted' 'Leave to appeal against conviction granted' 'Conviction appeal dismissed' 'Leave to rely upon Ground 1(b) on sentence granted' 'Leave to appeal against sentence granted' 'Sentence appeal dismissed']