Abdul Saleem Hussein v The Queen - SC 62/2011

Criminal – Application to vacate guilty plea – The appellant pleaded guilty to 6 out of 7 charges of receiving stolen vehicles – Before sentence he applied to vacate the guilty pleas asserting that trial counsel advice was inadequate and that he had defences in relation to the charges – The District Court declined the appellant’s application which was upheld by the Court of Appeal – Whether the Court of Appeal was correct to apply s 385(1)(c) of the Crimes Act 1961 instead of an interests of justice test in the context of an application to vacate a guilty plea before sentencing – Whether the Court of Appeal erred in suggesting that an application to adduce further evidence was required in relation to a DVD recording not included in the transcript.[2011] NZCA 58