On appeal from a discretionary refusal to permit withdrawal of a guilty plea entered before sentence, the appellate court will intervene only if the primary judge fell into error in the manner described in House v The King. The applicant must show both that the plea did not arise from genuine recognition of guilt and that there is a real question to be tried. Documentary material discovered after the plea must materially combat the inferences supporting the elements of the offence to establish a real question to be tried.
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