R. v. Coore
Because trial counsel unintentionally misled the appellant about immigration consequences that were central to his decision to plead guilty, the guilty plea was not properly informed and must be set aside; accordingly the conviction is quashed and a new trial ordered.
Source-derived case information.
- Citation
- 2021 ONCA 645
- Parties
- Respondent: Her Majesty the Queen; Appellant: Oral Coore
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 September 2021
- Procedural Posture
- Criminal / Appeal From Conviction
- Outcome
- Appeal allowed; guilty plea set aside; conviction quashed; new trial ordered.
- Legal Topics
- Guilty Plea, Misadvice by Counsel, Immigration Consequences of Plea, Possession for the Purpose of Trafficking, Conviction Quashed, 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
Oral Coore
Appellant
Procedural Posture
Criminal / Appeal From Conviction
Legal Issues
- 1 Whether a guilty plea must be set aside where defence counsel unintentionally misled the accused about immigration consequences
- 2 Whether the misadvice went to a central aspect of the plea such that the plea was not properly informed and voluntary
- 3 Appropriate remedy where plea is invalid due to counsel's misleading advice
Ratio Decidendi
Because trial counsel unintentionally misled the appellant about immigration consequences that were central to his decision to plead guilty, the guilty plea was not properly informed and must be set aside; accordingly the conviction is quashed and a new trial ordered.
Court Disposition
Appeal allowed; guilty plea set aside; conviction quashed; new trial ordered.
Orders
- Appeal allowed
- Guilty plea set aside
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Coore Collection Decisions of the Court of Appeal Date 2021-09-22 Neutral citation 2021 ONCA 645 Docket numbers C68384 Judges Doherty, David H.; Gillese, Eileen E.; Huscroft, Grant Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Coore, 2021 ONCA 645 DATE: 20210922 DOCKET: C68384 Doherty, Gillese and Huscroft JJ.A. BETWEEN Her Majesty the Queen Respondent and Oral Coore Appellant Andrew Furgiuele, for the appellant Geoffrey Roy, for the respondent Heard: In writing On appeal from the conviction entered by Justice O’Donnell of the Ontario Court of Justice, dated October 3, 2018. REASONS FOR DECISION [1] The Crown concedes the appeal must be allowed. [2] The appellant pled guilty to possession of a narcotic for the purposes of trafficking. Unfortunately, trial counsel (not Mr. Furgiuele) unintentionally misled the appellant as to the immigration consequences of his guilty plea. Those consequences were of central importance to the appellant. The guilty plea cannot stand and must be set aside. [3] The appeal is allowed, the guilty plea is set aside, the conviction is quashed, and a new trial is ordered. “Doherty J.A.” “E.E. Gillese J.A.” “Grant Huscroft J.A.”