Ritchie v R [2017] NSWCCA 21

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ritchie v R [2017] NSWCCA 21 Hearing dates: 17 February 2017 Date of orders: 17 February 2017 Decision date: 03 March 2017 Before: Simpson JA at [1] Johnson J at [2] Fagan J at [38] Decision: 1. Appeal allowed and conviction and sentence quashed. 2. New trial ordered. Catchwords: CRIMINAL LAW - appeal against conviction - plea of guilty to charge of (deemed) supply of commercial quantity of a prohibited drug - whether miscarriage of justice would result if Applicant not permitted to withdraw plea of guilty - imprudent and inappropriate advice given to Applicant - plea of guilty not attributable to consciousness of guilt - real question concerning Applicant's guilt - Crown concession that conviction appeal should be allowed - appeal allowed and conviction quashed - new trial ordered Legislation Cited: Drug Misuse and Trafficking Act 1985 Cases Cited: Dyers v The Queen [2002] HCA 45; 210 CLR 285 MM v R [2016] NSWCCA 235 R v Masri [2005] NSWCCA 330 R v Rae (No. 2) [2005] NSWCCA 380; 157 A Crim R 182 R v Wilkes [2001] NSWCCA 97; 122 A Crim R 310 Thalari v R [2009] NSWCCA 170; 75 NSWLR 307 Texts Cited: --- Category: Principal judgment Parties: Brett Stanley Ritchie (Applicant) Regina (Respondent) Representation: Counsel: Mr GR James AM QC; Ms E Tringali (Applicant) Ms T Smith (Respondent)