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Home > Qld Judgments > Supreme Court: Court of Appeal 2005 > R v Hobbins [2005] QCA 399

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[Full-text PDF] R v Hobbins [2005] QCA 399 (05/0212) Brisb Williams JA Muir J Atkinson J 1/11/2005 (delivered ex tempore)

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CRIMINAL LAW – APPEAL AND NEW TRIAL AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST CONVICTION RECORDED ON PLEA OF GUILTY – GENERAL PRINCIPLES - the appellant was charged with one count of entering a dwelling with intent, one count of robbery whilst armed, one count of deprivation of personal liberty and one count of rape – at the outset of the hearing, counsel for the appellant withdrew – immediately after, the appellant was arraigned and pleaded guilty to each count – the appellant contends that his guilty plea was not a free and voluntary one - the primary judge gave the appellant a number of opportunities to indicate if there was any pressure which resulted in his making a plea which was not a free and voluntary one – whether there was a miscarriage of justice