Regina v SL [2004] NSWCCA 397
The appellant made an informed and free choice to plead guilty to two charges of incest to avoid risk of conviction on more serious charges and lengthy imprisonment; no improper pressure or misleading representations were found, and no miscarriage of justice occurred.
- Parties
- Prosecutor: Regina; Appellant: SL
- Jurisdiction
- Australia
- Judgment Date
- 23 November 2004
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- Appeal dismissed
- Legal Topics
- Pleas of Guilty, Miscarriage of Justice, Conviction Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecutor
SL
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether pleas of guilty were entered in circumstances amounting to a miscarriage of justice
- 2 Whether the pleas were free and voluntary and pursuant to a genuine consciousness of guilt
Ratio Decidendi
The appellant made an informed and free choice to plead guilty to two charges of incest to avoid risk of conviction on more serious charges and lengthy imprisonment; no improper pressure or misleading representations were found, and no miscarriage of justice occurred.
Court Disposition
Appeal dismissed
Orders
- Appeal against conviction dismissed
Full Case Text
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