A plea of guilty, coupled with acceptance of the prosecution opening at the plea hearing, binds the accused to the admitted facts and precludes a challenge to the factual basis of the conviction on appeal absent evidence of misunderstanding or lack of instructions. Section 280(1)(b) of the Criminal Procedure Act 2009 (Vic) may be applied to refuse leave to appeal against sentence where the total effective sentence is moderate for the offending, even if arguable error exists in an individual sentence or cumulation order.
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