An indictment charging disabling with intent to commit an indictable offence under s 315 of the Criminal Code (Qld) must particularise the intended indictable offence, and the statement of facts must allege the relevant intention. A guilty plea entered where the indictment does not particularise the intended offence, the statement of facts contains no allegation of intention, and the question of intent is not discussed with the accused, will be set aside as a miscarriage of justice. A pragmatic or commercial decision to plead guilty does not preclude setting aside the plea where a miscarriage of justice has occurred.
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