R v AAM; ex parte A-G (Qld)

[2010] QCA 305

Queensland Court of Appeal

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Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Pardon and reference on petition for pardon
4. › Reference to Court of Appeal by [name withheld]
5. › Whether convictions based on guilty pleas should be set aside
6. › Whether miscarriage of justice where accused unfit to plead
7. › Criminal Code 1899 (Qld), s 672A(a)
1. Criminal Law
2. › Pleas
3. › Guilty plea
4. › Validity of guilty plea
5. › Fitness to plead
6. › Whether plea entered in exercise of free choice
7. › Accused with permanent intellectual disability
1. Criminal Law
2. › Fitness to plead
3. › Summary offences
4. › Absence of statutory mechanism for determining fitness to plead in Magistrates Court
5. › Mental Health Act 2000 (Qld), ss 240(3), 247(2), 256, 257(3)
6. › Criminal Code 1899 (Qld), s 613

Quick Take

The [name withheld]'s power to refer cases to the Court of Appeal under s 672A Criminal Code 1899 (Qld) extends to summary offences and is not limited to indictable offences. Convictions based on guilty pleas entered by a person who was unfit to plead constitute a miscarriage of justice and will be set aside. Queensland law currently makes no provision for determining fitness to plead to summary offences in the Magistrates Court.

Case Details

Citation[2010] QCA 305

CourtQCA

JurisdictionQueensland

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Cited by1

2014R v AngelSASCFC 75

Relies on4

2005R v Daley; ex parte A-G (Qld)QCA 162
2000Eastman v RHCA 29
1999R v Main, ex parte A-GQCA 148
1995Meissner v RHCA 41

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