Regina v Marchando [2000] NSWCCA 8

Regina v Marchando [2000] NSWCCA 8

The applicant failed to establish that his guilty plea was not attributable to a genuine consciousness of guilt and failed to show any impropriety or miscarriage of justice in the exercise of judicial discretion refusing leave to withdraw the plea. The judge properly admitted the video link evidence, and no basis was shown for excluding it. The appeals against refusal to permit withdrawal and admissibility of evidence were dismissed.

Parties
Applicant: Thomas Dale Marchando; Respondent: Crown (Commonwealth)
Jurisdiction
Australia
Judgment Date
11 February 2000
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Refusal to Permit Withdrawal of Guilty Plea
Outcome
Appeals dismissed
Legal Topics
Withdrawal of Guilty Plea, Admissibility of Foreign Evidence, Importation of Prohibited Drugs, Exercise of Judicial Discretion
Criminal Law Withdrawal of Guilty Plea Admissibility of Foreign Evidence Importation of Prohibited Drugs Exercise of Judicial Discretion

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Parties

Thomas Dale Marchando

Applicant

Crown (Commonwealth)

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Refusal to Permit Withdrawal of Guilty Plea

Legal Issues

  1. 1 Whether leave should be granted to withdraw the guilty plea entered by the applicant
  2. 2 Whether the trial judge erred in admitting video link evidence from a foreign witness
  3. 3 Whether the plea was attributable to a genuine consciousness of guilt

Ratio Decidendi

The applicant failed to establish that his guilty plea was not attributable to a genuine consciousness of guilt and failed to show any impropriety or miscarriage of justice in the exercise of judicial discretion refusing leave to withdraw the plea. The judge properly admitted the video link evidence, and no basis was shown for excluding it. The appeals against refusal to permit withdrawal and admissibility of evidence were dismissed.

Court Disposition

Appeals dismissed

Orders

  • The applicant be granted leave to amend the grounds of the application by adding the proposed new ground
  • The applicant be granted leave to appeal the decisions of 3 May 1999 and 9 June 1999 refusing leave to withdraw his plea of guilty