In the ACT, the test for withdrawal of a guilty plea before sentence remains whether there would be a miscarriage of justice if the plea were not withdrawn, as stated in R v Gomez [2007] ACTCA 21. The broader 'interests of justice' test adopted in White v The King [2022] NSWCCA 241 does not apply. A subsequent change of mind, continued belief in innocence, and the absence of a signed statement of agreed facts at the time of plea are insufficient to establish a miscarriage of justice where the applicant was legally represented, understood the charges, and voluntarily chose to plead guilty.
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