Where a solicitor advises a client to plead guilty to deemed supply of a prohibited drug on the basis that the deeming provision leaves no option, despite the client's consistent instructions that the drugs were for personal use, the three R v Wilkes considerations (imprudent advice, plea not attributable to consciousness of guilt, real question concerning guilt) will be satisfied and the conviction will be quashed as a miscarriage of justice. The presence of only a small number of tablets, evidence of personal drug addiction, the presence of drug paraphernalia for personal use, and the absence of other indicia of supply are relevant to establishing a real question concerning guilt.
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