R. v. Fraser

R. v. Fraser

The court refused to allow withdrawal because the guilty pleas entered July 17, 2019 were voluntary, unequivocal and informed: pleas were confirmed on the record, defence counsel had discussed s.606(1.1), the agreed statement of facts and pre‑sentence report contained admissions supporting guilt, no affidavit or timely formal application was filed, and no fact raised a real doubt or miscarriage of justice.

Citation
2019 NSPC 63
Parties
Crown: Her Majesty The Queen; Defendant: Anthony Fraser
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 September 2019
Procedural Posture
Criminal / Sentencing; Motion to Withdraw Guilty Pleas
Outcome
Application to withdraw guilty pleas denied; guilty pleas entered July 17, 2019 stand.
Legal Topics
Withdrawal of Guilty Plea, Voluntariness of Plea, Section 606(1.1) Warning, Sentencing
Source Language
English
Criminal Law Procedural Law Withdrawal of Guilty Plea Voluntariness of Plea Section 606(1.1) Warning Sentencing

Case Brief

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Parties

Her Majesty The Queen

Crown

Anthony Fraser

Defendant

Procedural Posture

Criminal / Sentencing; Motion to Withdraw Guilty Pleas

Legal Issues

  1. 1 Whether the accused may withdraw guilty pleas entered July 17, 2019
  2. 2 Whether the pleas were voluntary, informed and unequivocal
  3. 3 Whether there is a miscarriage of justice in refusing withdrawal

Ratio Decidendi

The court refused to allow withdrawal because the guilty pleas entered July 17, 2019 were voluntary, unequivocal and informed: pleas were confirmed on the record, defence counsel had discussed s.606(1.1), the agreed statement of facts and pre‑sentence report contained admissions supporting guilt, no affidavit or timely formal application was filed, and no fact raised a real doubt or miscarriage of justice.

Court Disposition

Application to withdraw guilty pleas denied; guilty pleas entered July 17, 2019 stand.

Orders

  • Application to withdraw guilty pleas denied.
  • Application for defence counsel to withdraw refused pending review of July 17, 2019 proceedings.