Systematic police fabrication of evidence that procures a guilty plea constitutes 'fraud' or conduct sufficiently analogous to fraud within the meaning of Meissner v The Queen, establishing a miscarriage of justice warranting the setting aside of the conviction. Where convictions are quashed on appeal, the current form of the Costs in Criminal Cases Act 1967 (NSW) applies regardless of when the trial took place, because the power to grant a costs certificate arises only upon the quashing of the conviction.
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