R v Becheru [2001] NSWCCA 102

New South Wales Court of Criminal Appeal

CITATION : R v Becheru [2001] NSWCCA 102 FILE NUMBER(S) : CCA 60446/00 HEARING DATE(S) : 6 April 2001 JUDGMENT DATE : 6 April 2001

PARTIES : Regina Gheorghe Bercheru JUDGMENT OF : Meagher JA at 1; Wood CJ at CL at 2; Studdert J at 34

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0250 LOWER COURT JUDICIAL Latham DCJ OFFICER :

COUNSEL : C: R Sutherland A: A Bellanto QC SOLICITORS : C'wth DPP Watson Stafford Sols. CATCHWORDS : CRIMINAL LAW - appeals - appeal against conviction - importation of heroin - whether plea made in circumstances which involved true admission of guilt - whether appellant pressured into plea - miscarriage of justice CASES CITED: Customs Act 1901 s 233B (1)(c) DECISION : Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

No. 60446 of 2000

MEAGHER JA WOOD CJ at CL STUDDERT J FRIDAY 6TH APRIL 2001 Regina v Gheorghe Becheru

The appellant pleaded guilty to one count of being in possession of a trafficable quantity of heroin, contrary to s 233 B (1) (c) Customs Act 1901. He was sentenced to 8 years imprisonment with a non-parole period of 5 years.

During the course of the proceedings the appellant indicated that there was a possibility that he may no longer wish to adhere to his plea. Counsel obtained written instructions in which the appellant confirmed his understanding of the relevant considerations and his decision to enter a plea of guilty.

The appellant appeals against the conviction on the basis that his plea was not a free and voluntary one, having been made in circumstances which did not involve a true admission of guilt, or in circumstances where he was effectively pushed into a plea.