A plea of guilty may constitute a miscarriage of justice where the accused's cognitive impairments and language disabilities meant they likely did not understand the legal process, the case against them, the legal advice given, or the critical alternative of pleading not guilty and potentially being acquitted — even where the plea does not fall within the three traditionally recognised categories for setting aside guilty pleas. The integrity of a guilty plea requires that the accused be 'of sound understanding' within the meaning of Meissner v The Queen. Where key prosecution witnesses are subsequently found unreliable and the remaining admissible evidence does not establish a case to answer, a judgment of acquittal rather than a retrial is appropriate.
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