R. v. M.J.Z.W

R. v. M.J.Z.W

Because the record lacked a clear indication that the youth appellant personally understood the material facts and the full consequences of the plea, and because the transcript and materials left open a distinct possibility the plea was not voluntary or informed, the appellate court admitted the new evidence,...

Source-derived case information.

Citation
2009 BCSC 1126
Parties
Crown: Regina; Appellant/accused: M.J.Z.W.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 August 2009
Procedural Posture
Criminal Youth Matter / Appeal From Provincial Court: Application to Admit New Evidence and Set Aside Guilty Plea; Decision to Remit for Trial
Outcome
Appeal allowed in part: new evidence admitted; appellant permitted to withdraw guilty plea to impaired driving; matter remitted to provincial court for trial on the three original counts.
Legal Topics
Guilty Plea, Voluntariness and Informed Plea, Impaired Driving, Sentencing Consequences, Administrative Licence Suspension
Source Language
english
Criminal Law Youth Justice Administrative Law Guilty Plea Voluntariness and Informed Plea Impaired Driving Sentencing Consequences Administrative Licence Suspension

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Parties

Regina

Crown

M.J.Z.W.

Appellant/accused

Procedural Posture

Criminal Youth Matter / Appeal From Provincial Court: Application to Admit New Evidence and Set Aside Guilty Plea; Decision to Remit for Trial

Legal Issues

  1. 1 Whether the guilty plea was voluntary and informed
  2. 2 Whether the accused appreciated the nature and consequences of the plea including administrative licence suspension
  3. 3 Whether new evidence should be admitted to permit withdrawal of the plea

Ratio Decidendi

Because the record lacked a clear indication that the youth appellant personally understood the material facts and the full consequences of the plea, and because the transcript and materials left open a distinct possibility the plea was not voluntary or informed, the appellate court admitted the new evidence, allowed the appeal to the extent of permitting withdrawal of the guilty plea to impaired driving, and remitted the matter for trial on the original counts to avoid a potential miscarriage of justice.

Court Disposition

Appeal allowed in part: new evidence admitted; appellant permitted to withdraw guilty plea to impaired driving; matter remitted to provincial court for trial on the three original counts.

Orders

  • Admit the new evidence filed in support of the application
  • Permit the appellant to withdraw his plea of guilty to Count 3 (impaired driving)