R v Stewart

The appellant, Ms Stewart, operated a supported residential facility and pleaded guilty to three counts of deception. She was subsequently sentenced and appealed against both her conviction and sentence. The central issue on appeal was whether a miscarriage of justice had occurred, specifically concerning whether Ms Stewart understood the basis of her guilty plea and whether that plea was entered on an incorrect basis.

The court was required to determine whether there was uncertainty and confusion between the appellant and her legal advisors regarding the basis of the charges and the plea, and whether the charges were properly particularised. The appeal also raised the question of whether the guilty plea was entered voluntarily, and if the appellant possessed a genuine consciousness of guilt.

The court reasoned that while the plea was made voluntarily, this was not decisive. The absence of a genuine consciousness of guilt, in combination with uncertainty in the charges and the basis of the plea, led the court to conclude that a miscarriage of justice had occurred. The court found that it could not be said that there was no arguable defence, and that there was sufficient material to indicate a potential basis for guilt on an amended charge.

Consequently, the appeal was allowed, the convictions were set aside, and a retrial was ordered. The appeal against sentence was rendered unnecessary as it fell with the setting aside of the convictions.