R v Paul Michael OFFER [2002] NSWCCA 341

R v Paul Michael OFFER [2002] NSWCCA 341

The appellant did not establish that his guilty pleas were overborne or otherwise lacked integrity. The Court accepted the evidence of counsel, the solicitor, Miss Winston and the signed written instructions, and rejected the appellant's conflicting account. There was therefore no evidentiary basis for intervention...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 August 2002
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal After Guilty Pleas and Sentence in the Supreme Court
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted; sentence appeal dismissed.
Legal Topics
['appeal Against Conviction After Guilty Plea' 'voluntariness and Integrity of Guilty Plea' 'alleged Improper Pressure by Counsel' 'manifest Excess' 'form 1 Offences Taken Into Account']
['criminal Law' 'criminal Procedure' 'sentencing'] ['appeal Against Conviction After Guilty Plea' 'voluntariness and Integrity of Guilty Plea' 'alleged Improper Pressure by Counsel' 'manifest Excess' 'form 1 Offences Taken Into Account']

Source-derived case record

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal After Guilty Pleas and Sentence in the Supreme Court

Legal Issues

  1. 1 ['Whether the appellant established a basis for an appeal against convictions entered after guilty pleas.' "Whether the appellant's guilty pleas were overborne or not attributable to a genuine consciousness of guilt." 'Whether the sentences imposed were manifestly excessive.']

Ratio Decidendi

The appellant did not establish that his guilty pleas were overborne or otherwise lacked integrity. The Court accepted the evidence of counsel, the solicitor, Miss Winston and the signed written instructions, and rejected the appellant's conflicting account. There was therefore no evidentiary basis for intervention with the convictions. The sentences, having regard to the seriousness of the offences and the Form 1 matters, were within range and not manifestly excessive.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted; sentence appeal dismissed.

Orders

  • ['That the appeal on conviction on both charges be dismissed.' 'That on leave to appeal against sentence, that leave be granted.' 'That the sentence appeal be dismissed.']