Guilty plea may be struck until sentencing

R. v. Eizenga, 2011 ONCA 113, released today on-line, makes clear that a judicial officer may strike a plea of guilty any time up to sentencing. The Court writes:

[44] A trial judge has the discretion to accept or not to accept a guilty plea. Up until the time of sentencing, a trial judge also has the discretion to permit an accused person to withdraw a guilty plea and to enter a new one. Provided the trial judge has exercised his or her discretion judicially, an appellate court will not lightly interfere: R. v. Adgey, [1975] 2 S.C.R. 426.