The aggravating element under s 317AF(1)(b) of the Crimes Act 1958 (Vic) does not require the aggravating offence under s 317AG to be the subject of a separate charge or conviction; the effect of sub-s 1(b) is simply to add elements to the charge by reference to s 317AG. Where the Crown concedes there is no evidence to support a charge as particularised, and the plea hearing transcript reveals the accused was confused and inadequately advised, the integrity of the guilty plea may be found to be affected such that it is a miscarriage of justice to hold the accused to the plea.
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