Lawson v WA [No 2]

[2018] WASCA 204

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Conviction on plea of guilty
5. › Whether miscarriage of justice
6. › Whether appellant not guilty of offence charged
7. › Whether plea obtained by improper inducement
8. › Whether appellant of unsound mind
1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Conviction on plea of guilty
5. › Distinction between appeal against conviction and appeal against sentence
6. › Whether factual findings may be challenged on appeal against conviction

Quick Take

A rational decision to plead guilty in the hope of receiving a favourable sentence does not constitute an improper inducement vitiating the plea, even where the hoped-for outcome is not achieved. Factual challenges to the circumstances of an offence fall within the ambit of a sentencing appeal, not a conviction appeal, and cannot be re-agitated once sentencing appeal rights are exhausted.