R v SAK

The appellant in the case, R v SAK, had pleaded guilty to four counts of sexual offences against his step-daughter. He subsequently sought to withdraw his pleas on the basis that they were based on false evidence. At the hearing of the appeal, the step-daughter repudiated the contents of her affidavit, in which she had deposed that the appellant had not committed any sexual offences against her. The court was required to decide whether the pleas of guilty should be set aside and whether the convictions were based on false evidence.

The court found that there was no basis for the appellant’s claim that his convictions were based on false evidence. The step-daughter's repudiation of her affidavit was deemed to be unreliable, and the court found that the appellant's pleas were voluntary and properly entered. The court held that the appellant's application to withdraw his pleas of guilty was an abuse of process and was dismissed. The appeal against the convictions was also dismissed.

In addition, the court considered whether the sentence imposed was manifestly excessive. The appellant was convicted of four counts of sexual offences against one step-daughter and four counts against another step-daughter, both of whom were children at the time of the offences. The appellant received a head sentence of 11 years imprisonment, with a declaration that he had been convicted of a serious violent offence and no remorse. The court found that the sentence was not manifestly excessive.

Each of the appeals against convictions incurred on 27 June 2002, the application for leave to change the pleas entered on 14 October 2002, and the application for leave to appeal the sentences, is dismissed.