An appeal under s 5F of the Criminal Appeal Act 1912 (NSW) is an appeal by way of rehearing, not limited to House v The King grounds. Where a legally represented accused seeks to withdraw a guilty plea, the applicant must establish that they were inappropriately advised and did not appreciate the nature of the charge or did not intend to admit guilt; the use of language reminiscent of a defence of honest and reasonable mistake of fact in counsel's advice does not necessarily demonstrate that counsel misunderstood the elements of a fraud offence requiring dishonest intention.
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