Today's reasons in R. v. Hanemaayer, 2008 ONCA 580 makes it clear that the Court retains the power to set aside a guilty plea even years after it was accepted and even if the plea is, on its face, proper.
The Court writes:
[19] Even though the appellant's plea appears to meet all the traditional tests for a valid guilty plea, as pointed out by Doherty J.A. in T. (R.) at p. 519, this court retains a discretion, to be exercised in the interests of justice, to receive fresh evidence to explain the circumstances that led to the plea and that demonstrate a miscarriage of justice occurred.
[20] As a necessary corollary of the power to receive fresh evidence in these circumstances, the court has the power to set aside the guilty plea in the interests of justice, even though many years have passed. This is obviously one of those cases. The fresh evidence proves beyond doubt that the appellant did not commit the offences to which he pleaded guilty. One miscarriage of justice would be compounded by another if this court had no power to intervene. As I have said, the Crown agrees that this is a proper case for setting aside the guilty pleas and entering acquittals.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
No comments:
Post a Comment