Where an accused claims a guilty plea was entered without advice about an available statutory defence, the court will assess the credibility of the competing accounts of the accused and the solicitor. Where the solicitor's evidence, supported by contemporaneous notes, establishes that the accused's own instructions rendered the defence unavailable, no miscarriage of justice arises from the guilty plea. The defence under s 307.2(4) of the Criminal Code (Cth) cannot be established where the accused has admitted making money from the importation.
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