R. v. Abotossaway
Because the plea was rendered involuntary by the circumstances (appellant's apparent insistence of innocence, perception of no alternative, difficult interview conditions, depression and communication problems) and he sought withdrawal prior to sentencing, the plea was set aside, the conviction quashed and a new...
Source-derived case information.
- Citation
- C40660
- Parties
- Respondent: Her Majesty the Queen; Appellant: Frederick Abotossaway
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 August 2004
- Procedural Posture
- Criminal / Appeal From Conviction
- Outcome
- Appeal allowed; guilty plea struck out; conviction quashed; new trial ordered.
- Legal Topics
- Voluntariness of Guilty Plea, Withdrawal of Guilty Plea, Set Aside Plea, New Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Her Majesty the Queen
Respondent
Frederick Abotossaway
Appellant
Procedural Posture
Criminal / Appeal From Conviction
Legal Issues
- 1 Whether the guilty plea was voluntary
- 2 Whether the plea should be set aside
- 3 Whether a new trial should be ordered
Ratio Decidendi
Because the plea was rendered involuntary by the circumstances (appellant's apparent insistence of innocence, perception of no alternative, difficult interview conditions, depression and communication problems) and he sought withdrawal prior to sentencing, the plea was set aside, the conviction quashed and a new trial ordered.
Court Disposition
Appeal allowed; guilty plea struck out; conviction quashed; new trial ordered.
Orders
- Appeal allowed
- Guilty plea struck out
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Abotossaway Collection Decisions of the Court of Appeal Date 2004-08-23 Docket numbers C40660 Judges Rosenberg, Marc; Armstrong, Robert Patrick; Blair, Robert Ashley Subject Criminal Decision Content DATE: 20040823 DOCKET: C40660 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – FREDERICK ABOTOSSAWAY (Appellant) BEFORE: ROSENBERG, ARMSTRONG and BLAIR JJ.A. COUNSEL: Timothy E. Breen for the appellant Christine Tier for the respondent HEARD: August 12, 2004 RELEASED ORALLY: August 12, 2004 On appeal from conviction by Justice L. T. Montgomery of the Ontario Court of Justice dated December 9, 2002. ENDORSEMENT [1] In our view, the appeal must be allowed, the guilty plea struck out, the conviction quashed and a new trial ordered. [2] We are satisfied that the appellant has shown that the plea was not voluntary. Taking into account the very difficult circumstances under which counsel had to deal with his client and the apparently formidable Crown case, it nevertheless appears that the appellant probably told his lawyer he was innocent and pleaded guilty only because he perceived, no doubt incorrectly, that he had no alternative. He almost immediately sought to withdraw the plea prior to sentencing and the trial Crown did not oppose the plea being set aside. [3] These reasons should not be taken as a criticism of defence counsel. As we have said, the conditions under which the interview took place were difficult, the appellant was apparently depressed having spent considerable time in jail before he was able to retain counsel, and there would have been some difficulty in communication with the client. Nevertheless, in our view, the plea must be set aside in the interests of justice. Signed: “M. Rosenberg J.A.” “Robert P. Armstrong J.A.” “R. A. Blair J.A.”