A magistrate's characterisation of the level of criminality during sentencing (e.g., describing conduct as a 'careless aberration') does not constitute a finding inconsistent with the mental elements of the offences to which the accused has pleaded guilty, and does not provide a basis for setting aside the plea. The impecuniosity and mental illness of an unsuccessful party in regulatory criminal proceedings do not, without more, justify departing from the principle that costs follow the event.
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