R. v. F.L.

R. v. F.L.

The accused failed to discharge the civil burden to prove his guilty plea was invalid; his evidence was inconsistent and not credible, the record (including counsel's affidavit and interpreter presence) showed he was informed and voluntary in pleading guilty, and therefore the application to withdraw the plea was dismissed.

Citation
2011 NSPC 8
Parties
Crown: Her Majesty the Queen; Accused: F. L.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 February 2011
Procedural Posture
Criminal Sexual Assault / Application to Withdraw Guilty Plea (post Plea)
Outcome
Application to withdraw guilty plea dismissed
Legal Topics
Guilty Plea, Withdrawal of Plea, Sexual Assault, Interpretation/language Barrier, Pre Sentence Report, Sentencing Submissions
Source Language
English
Criminal Law Evidence Procedure Guilty Plea Withdrawal of Plea Sexual Assault Interpretation/language Barrier Pre Sentence Report +1 more

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Parties

Her Majesty the Queen

Crown

F. L.

Accused

Procedural Posture

Criminal Sexual Assault / Application to Withdraw Guilty Plea (post Plea)

Legal Issues

  1. 1 Whether the guilty plea was voluntary, unequivocal and informed
  2. 2 Whether language/communication issues or failure to view complainant's videotaped statement rendered the plea invalid
  3. 3 Whether the accused understood the consequences of his plea including impact on contact with his child

Ratio Decidendi

The accused failed to discharge the civil burden to prove his guilty plea was invalid; his evidence was inconsistent and not credible, the record (including counsel's affidavit and interpreter presence) showed he was informed and voluntary in pleading guilty, and therefore the application to withdraw the plea was dismissed.

Court Disposition

Application to withdraw guilty plea dismissed

Orders

  • Application to withdraw guilty plea dismissed
  • Reasons for dismissal released February 24, 2011