R v Scheiring

R v Scheiring

The applicant did not discharge the burden on a balance of probabilities to show the plea was uninformed; the record shows she was represented by competent counsel who explained the options and obtained her instructions, she personally affirmed the plea during the s.606 inquiry, and objectively the plea was voluntary, unequivocal and informed, therefore the application to withdraw the guilty plea is denied.

Citation
2022 NSPC 7
Parties
Crown: R; Applicant/accused: Natalie Scheiring
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 March 2022
Procedural Posture
Criminal Assault / Application to Withdraw Guilty Plea (post Plea, Pre Sentencing)
Outcome
Application to withdraw guilty plea denied.
Legal Topics
Guilty Plea Withdrawal, Informed Plea, S.606 Plea Confirmation, Conditional Discharge, Plea Bargaining, Credibility Assessment
Source Language
English
Criminal Law Procedural Law Guilty Plea Withdrawal Informed Plea S.606 Plea Confirmation Conditional Discharge Plea Bargaining Credibility Assessment

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Parties

R

Crown

Natalie Scheiring

Applicant/accused

Procedural Posture

Criminal Assault / Application to Withdraw Guilty Plea (post Plea, Pre Sentencing)

Legal Issues

  1. 1 Whether plea was uninformed on the balance of probabilities
  2. 2 Whether defence counsel adequately informed the accused before plea
  3. 3 Whether the plea was voluntary and unequivocal

Ratio Decidendi

The applicant did not discharge the burden on a balance of probabilities to show the plea was uninformed; the record shows she was represented by competent counsel who explained the options and obtained her instructions, she personally affirmed the plea during the s.606 inquiry, and objectively the plea was voluntary, unequivocal and informed, therefore the application to withdraw the guilty plea is denied.

Court Disposition

Application to withdraw guilty plea denied.

Orders

  • Application to withdraw guilty plea denied.
  • Matter to proceed with or without a presentence report as counsel elects.