A guilty plea entered as a genuine recognition of guilt will not be set aside on appeal merely because a subsequent change in the law (here, the High Court's invalidation of a controlled operation authority) might have resulted in the exclusion of evidence at trial. The appellant's case must rise higher than showing that evidence might have been excluded; there must be a real question about guilt. The threshold for such circumstances to constitute a miscarriage of justice where there is no pretence of innocence is 'extreme, not just extraordinary'.
The full text is available to signed-in members, including the 21 later cases that cite this judgment.
1 of the 21 citing cases carry a classified treatment. How each court treated it is available to signed-in members.