Where there had been non-disclosure by the prosecution at the time a plea had been entered, a defendant who had pleaded guilty should not in any way be in a worse position than those who had pleaded not guilty. As the appeals of the co-defendants who had pleaded not guilty to importing a Class B drug had been upheld on the basis of non-disclosure by the prosecution, the defendant's conviction for the same reason was unsafe notwithstanding his guilty plea.

[2005] EWCA Crim 3035