R. v. Thibault

R. v. Thibault

Applicant failed to discharge the burden on the balance of probabilities. The evidence established the pleas were voluntary, informed and unequivocal: counsel credibly advised the accused, a s.606 inquiry occurred, there was no reliable evidence of threats or coercion, and anxiety or intoxication did not rise to the level of impairing free will; accordingly the application to withdraw pleas is dismissed.

Citation
2022 NSPC 16
Parties
Crown: Her Majesty the Queen; Accused: Colton Thibault
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 May 2022
Procedural Posture
Criminal Application to Withdraw Guilty Pleas / Post Change of Plea, Pre Sentencing Application Hearing
Outcome
Application to withdraw guilty pleas dismissed; guilty pleas stand; sentencing to proceed.
Legal Topics
Guilty Plea Validity, Voluntariness of Plea, Section 606 Plea Inquiry, Solicitor Client Interactions, Standard of Proof for Withdrawing Pleas
Source Language
English
Criminal Law Criminal Procedure Sentencing Guilty Plea Validity Voluntariness of Plea Section 606 Plea Inquiry Solicitor Client Interactions Standard of Proof for Withdrawing Pleas

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Parties

Her Majesty the Queen

Crown

Colton Thibault

Accused

Procedural Posture

Criminal Application to Withdraw Guilty Pleas / Post Change of Plea, Pre Sentencing Application Hearing

Legal Issues

  1. 1 Whether the guilty pleas were voluntary, informed and unequivocal
  2. 2 Whether alleged threats/blackmail by defence counsel vitiated the pleas
  3. 3 Whether accused's mental state or intoxication rendered the pleas involuntary

Ratio Decidendi

Applicant failed to discharge the burden on the balance of probabilities. The evidence established the pleas were voluntary, informed and unequivocal: counsel credibly advised the accused, a s.606 inquiry occurred, there was no reliable evidence of threats or coercion, and anxiety or intoxication did not rise to the level of impairing free will; accordingly the application to withdraw pleas is dismissed.

Court Disposition

Application to withdraw guilty pleas dismissed; guilty pleas stand; sentencing to proceed.

Orders

  • Application to withdraw guilty pleas dismissed
  • Guilty pleas remain entered