Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON PLEA OF GUILTY – PARTICULAR CASES –– where appellant pleaded guilty to four counts charging sexual offences committed against his step-daughter – where appellant sought to withdraw pleas of guilty on appeal on the basis that his pleas were based on false evidence – where the appellant filed affidavit in which the complainant step-daughter deposed that the appellant had not committed any sexual offences against her but at the hearing of the appeal repudiated the contents of her affidavit – whether pleas of guilty should be set aside

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – FRESH EVIDENCE – where appellant convicted after a trial of four counts charging sexual offences against his eldest step-daughter – where appellant claimed his convictions were based on false evidence – whether any basis for the appellant’s claim

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENDER – where applicant convicted of four counts charging sexual offences against one step-daughter after a trial and four counts charging sexual offences against his other step-daughter on pleas of guilty – where both complainants children at time of offences - where applicant received head sentence of 11 years imprisonment with a declaration that he had been convicted of a serious violent offence – where no remorse - whether sentence manifestly excessive