Regina v SL [2004] NSWCCA 397

New South Wales Court of Criminal Appeal

CITATION : Regina v SL [2004] NSWCCA 397 revised - 23/11/2004 HEARING DATE(S) : 3 & 4 November 2004 JUDGMENT DATE : 23 November 2004

JUDGMENT OF : Giles JA at 1; Buddin J at 64; Smart AJ at 65 DECISION : Appeal dismissed.

CATCHWORDS : Pleas of guilty - conviction - appeal on ground pleas were entered in circumstances of miscarriage of justice - appellant's evidence that pleas entered because of representations that he would not be gaoled and would be released to be with his children, and under pressure from his barrister and solicitor's clerk that he had to plead guilty if he wanted to see his children again - evidence not accepted - made informed choice in order to avoid risk of lengthy imprisonment on many more serious charges - submissions that was improper pressure in barrister approaching Crown Prosecutor about a plea without instructions, in the manner of advising that the offer was in the appellant's interests and in seeking written instructions when the offer was initially rejected - submissions not supported by evidence the matters relied on affected appellant's conduct - in any event no improper pressure - pleas not because of the matters relied on - free choice made by appellant in his own interests - no miscarriage of justice - not necessary to consider whether there was a real question to be tried. D Meissner v The Queen (1994) 184 CLR 132; R v Cincotta, CCA, 1 November 1995; R v Chiron (1980) 1 NSWLR 218; R v Davies (1993) 19 MVR 481; R v Hura (2001) 121 A Crim R 427; R v Ferrer-Esis (1991) 55 A Crim R 231; CASES CITED : R v Khan [2002] NSWCCA 521; R v Maxwell (1995) 184 CLR 501; R v Murphy (1965) VR 187; R v O'Neill (1979) 2 NSWLR 582; R v Sagiv (1986) A Crim R 73; R v Toro-Martinez (2000) 114 A Crim R 533; R v Wilkes [2001] NSWCCA 97. PARTIES : Regina v SL FILE NUMBER(S) : CCA 2004/1946 COUNSEL : A W Street SC - Applicant E Wilkins - Crown SOLICITORS : P Livers - Applicant S Kavanagh, Public Prosecutions - Crown