Yaqub v R [2018] NSWCCA 14

Yaqub v R [2018] NSWCCA 14

No miscarriage of justice was established. The Court accepted the former solicitor's evidence, supported by contemporaneous notes, that the applicant said he had made money from bringing opium into Australia. In those circumstances the applicant could not establish the defence in s 307.2(4), and the advice that the offence would be made out and that a guilty plea would attract a reduced sentence was correct and appropriate. The plea was also influenced by the correct advice that a reduced sentence would be available for pleading guilty.

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal Following Guilty Plea and Sentence in the District Court
Outcome
Leave to appeal against conviction granted; appeal against conviction dismissed; leave to appeal against sentence refused.
Legal Topics
['guilty Plea' 'appeal Against Conviction' 'leave to Appeal Against Sentence' 'importing Marketable Quantity of Border Controlled Drug' 'statutory Defence of No Intent to Sell' 'miscarriage of Justice' 'legal Advice']
['criminal Law' 'criminal Procedure'] ['guilty Plea' 'appeal Against Conviction' 'leave to Appeal Against Sentence' 'importing Marketable Quantity of Border Controlled Drug' 'statutory Defence of No Intent to Sell' 'miscarriage of Justice' 'legal Advice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal Following Guilty Plea and Sentence in the District Court

Legal Issues

  1. 1 ["Whether permitting the conviction to stand after the applicant's guilty plea would occasion a miscarriage of justice." 'Whether the applicant had a defence under s 307.2(4) of the Criminal Code 1995 (Cth) because he neither intended, nor believed another person intended, to sell the opium.' 'Whether the applicant pleaded guilty in ignorance of the availability of the defence because of absence of competent legal advice.' "Whether the applicant's former solicitor's evidence that the applicant said he made money from bringing opium into Australia should be accepted."]

Ratio Decidendi

No miscarriage of justice was established. The Court accepted the former solicitor's evidence, supported by contemporaneous notes, that the applicant said he had made money from bringing opium into Australia. In those circumstances the applicant could not establish the defence in s 307.2(4), and the advice that the offence would be made out and that a guilty plea would attract a reduced sentence was correct and appropriate. The plea was also influenced by the correct advice that a reduced sentence would be available for pleading guilty.

Court Disposition

Leave to appeal against conviction granted; appeal against conviction dismissed; leave to appeal against sentence refused.

Orders

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