A later realisation by an accused that there is a possible line of defence does not give rise to a miscarriage of justice where the plea of guilty was entered freely, with understanding of the charge and the strength of the prosecution case. The adequacy of legal advice is one factor but not determinative. Where the court is satisfied the plea was a free choice made in the accused's interests with understanding of the case, the enquiry into consciousness of guilt is irrelevant. The question of whether there is a triable issue as to guilt arises only if the circumstances of the plea are first found capable of giving rise to a miscarriage of justice.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
3 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.