The correct test for an application to withdraw a guilty plea before conviction and sentence in NSW is whether the 'interests of justice' require that course, not whether a 'miscarriage of justice' would occur. The 'interests of justice' test is broader and may encompass situations where there is a real (but not established) risk of miscarriage. The accused does not bear a 'substantial' or 'heavy' onus, and the discretion should not be confined to 'clear cases' exercised 'very sparingly'. A non-exhaustive list of relevant factors is set out at [65] of the judgment. Boag v R, Wong v DPP (NSW) and Garcia-Godos v R (Cth) should no longer be followed on this point.
The full text is available to signed-in members, including the 23 later cases that cite this judgment.
9 of the 23 citing cases carry a classified treatment. How each court treated it is available to signed-in members.