Tuesday, September 22, 2015

Credit for Guilty Plea

R. v. Carreira, 2015 ONCA 639:

[15]       In R. v. Faulds, (1994) 20 O.R. (3d) 13, this court made it clear that the amount of credit a guilty plea attracts will vary with each case, saying, at para. 14:

The effect of a guilty plea in setting the appropriate sentence will vary with the circumstances of each case. In some cases, a guilty plea is a demonstration of remorse and a positive first step towards rehabilitation. In other cases, a guilty plea is simply a recognition of the inevitable. That is this case. Even where the plea is not a manifestation of genuine remorse, it may still save valuable judicial resources and provide a degree of finality from the perspective of the victims which would not exist without the plea. Those features are present in this case and should be taken into consideration in assessing the appropriate sentence.

See also R. v. Basha (1979), 23 Nfld. & P.E.I.R. 286 (N.L.C.A.); R. v. Doucette, 2015 PECA 5, 121 W.C.B. (2d) 80 (P.E.I.C.A.). 

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