An applicant seeking to change a guilty plea on the basis that evidence may be excludable, without asserting innocence or explaining the circumstances of the plea, fails to establish a miscarriage of justice. The position that prosecution proof has become more difficult is insufficient. On the s 138 balancing exercise, where police officers failed to properly swear affidavits but the contents were accurate, no advantage was gained, the offences were serious, and the evidence was probative, the desirability of admission outweighs the undesirability.
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