Green v Police

The appellant, Green, appealed against his conviction on count 2 for driving at a speed dangerous to the public. The appeal arose out of a speeding incident on the Sturt Highway at Lowbank on 16 February 1999. The appellant pleaded guilty to counts 2 and 3, but the prosecution withdrew count 1. The appellant submitted that he misunderstood the penalty consequences of pleading guilty to count 2, believing his licence would be disqualified for a period of six months only. The appellant argued that had he known the mandatory minimum period of disqualification was three years, he would not have pleaded guilty.

The central legal issue was whether the appellant could successfully appeal against his conviction after pleading guilty, where the only ground of appeal was a misunderstanding of the penalty consequences. The court considered whether a plea of guilty could be withdrawn and the conviction set aside in such circumstances. The court had to determine if there was a miscarriage of justice or if the appellant could not possibly have been guilty of the charge on count 2.

The court held that a plea of guilty is an admission of all the essential elements of the charge, including the qualitative nature of the offence. The appellant pleaded guilty on advice, which may have been incorrect as to penalty, but the appellant withheld vital information from his solicitor. The court held that the appellant intended to admit his guilt of all the essential elements of the charge and that there was no suggestion he did not understand the nature of the charge. The appellant could not show that he could not have been guilty of the offence on the admitted facts. The court dismissed the appeal, finding there had been no miscarriage of justice.

The court ordered that the appellant be disqualified from holding or obtaining a driver’s licence for a period of three years, commencing at 12.01am on 24 July 1999 and ending at midnight on 11 August 1999, when the suspension was itself suspended, and then commencing again for the balance of the period.