A guilty plea will be set aside as a miscarriage of justice where the accused was never shown or had explained to them the Agreed Statement of Facts on which they were to be sentenced, the facts were inconsistent with the accused's instructions, and the plea was entered in reliance on the solicitor's assurances without genuine consciousness of guilt. Legal representatives have a duty to ensure the accused understands and consents to the factual basis on which they are to be sentenced, including by having the Agreed Statement of Facts read, explained and preferably signed.
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