R v PAKISTAN [2001] NSWCCA 49

R v PAKISTAN [2001] NSWCCA 49

Leave was refused because the Court accepted the evidence of the applicant's former legal advisers over the applicant's evidence, found that the applicant sufficiently understood spoken and written English, found no improper pressure, mistake, or circumstance affecting the integrity of the guilty pleas, and concluded that the change of pleas did not amount to a miscarriage of justice.

Jurisdiction
Australia
Judgment Date
28 February 2001
Procedural Posture
Criminal Law Appeal After Plea of Guilty / Application for Leave to Appeal Against Conviction
Outcome
Leave to appeal against conviction refused.
Legal Topics
['plea of Guilty' 'leave to Appeal Against Conviction' 'miscarriage of Justice' 'alleged Improper Pressure From Legal Advisers' 'sexual Intercourse Without Consent']
['criminal Law' 'criminal Procedure'] ['plea of Guilty' 'leave to Appeal Against Conviction' 'miscarriage of Justice' 'alleged Improper Pressure From Legal Advisers' 'sexual Intercourse Without Consent']

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 Law Appeal After Plea of Guilty / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 ["Whether the Court should go behind the applicant's guilty pleas because the circumstances of the pleas gave rise to a miscarriage of justice." "Whether the applicant's guilty pleas were entered under improper pressure from his legal advisers." 'Whether the applicant understood the advice and written instructions relevant to changing his pleas to guilty.']

Ratio Decidendi

Leave was refused because the Court accepted the evidence of the applicant's former legal advisers over the applicant's evidence, found that the applicant sufficiently understood spoken and written English, found no improper pressure, mistake, or circumstance affecting the integrity of the guilty pleas, and concluded that the change of pleas did not amount to a miscarriage of justice.

Court Disposition

Leave to appeal against conviction refused.

Orders

  • ['Leave to appeal is refused.']