Wednesday, March 26, 2014

Striking a guilty plea

R. v. Chemama, 2014 ONCA 220:

[18]       The onus rests on the appellant to show that his guilty pleas were invalid.  To constitute a valid guilty plea, the plea must be voluntary, unequivocal and informed.  The accused must be aware of the nature of the allegations made against him or her, the effect of the plea, and the consequences of the plea.  See R. v. T.(R.)(1992), 17 C.R. (4th) 247.

[19]       We have reviewed the transcript of the plea hearings in each of these three appeals.  In each case, the presiding judge conducted the requisite plea inquiry – in detailed or summary fashion – to ensure that the appellant's guilty pleas were voluntary, unequivocal and informed.  The record in each proceeding confirms that these prerequisites were met in each case.  Moreover, it is clear from the transcript of each proceeding that the appellant was aware of the charges against him, and the effect and consequences of his plea.  The appellant, therefore, has failed to establish that his guilty pleas were invalid.

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