The focus of an application to withdraw a guilty plea is on the integrity of the plea itself, not on an investigation of the applicant's guilt or innocence. Where an applicant was represented by solicitor and counsel when the plea was entered and no evidence is adduced to impugn the plea, a factual argument about whether an element of the offence was made out will not succeed. Authority under s 61J of the Crimes Act 1900 (NSW) may subsist beyond the breakdown of the relationship that originally gave rise to it, particularly where the offender has acquired additional bases for authority such as being the father of the victim's children.
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