Where facts read at sentencing differ from agreed facts on which a guilty plea was entered, no miscarriage of justice arises if the appellant's conduct was grossly disproportionate on either version and no different sentence would have been imposed. An appeal against a pre-sentence order is moot where the order was not completed and the offender was subsequently sentenced in a higher court for the same offences.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.