R. v. Dodge

R. v. Dodge

The court found the accused's guilty pleas were not accompanied by an intention to admit the essential facts but were motivated by securing the release of a third party; because the absence of an admission rendered the pleas unsustainable and posed a real risk of wrongful conviction (notably given the mandatory minimum exposure), leave to withdraw the guilty pleas was granted.

Citation
2005 NSPC 24
Parties
Crown: Her Majesty the Queen; Accused: Jason John Dodge
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 June 2005
Procedural Posture
Criminal Plea Withdrawal Application / Post Guilty Pleas, Pre Sentencing (application to Withdraw Pleas)
Outcome
Application to withdraw guilty pleas granted
Legal Topics
Plea Withdrawal, Voluntariness of Guilty Plea, Miscarriage of Justice, Careless Storage of Firearm S.86(2), Possession of Loaded Prohibited Weapon S.95(2)(a), Possession of Cocaine S.4(1)
Source Language
English
Criminal Law Procedure Controlled Drugs and Substances Act Firearms Law Plea Withdrawal Voluntariness of Guilty Plea Miscarriage of Justice Careless Storage of Firearm S.86(2) +2 more

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Parties

Her Majesty the Queen

Crown

Jason John Dodge

Accused

Procedural Posture

Criminal Plea Withdrawal Application / Post Guilty Pleas, Pre Sentencing (application to Withdraw Pleas)

Legal Issues

  1. 1 Whether guilty pleas were accompanied by an intention to admit guilt
  2. 2 Whether guilty pleas may be withdrawn where motivation was to secure release of a third party rather than admit guilt
  3. 3 Whether allowing withdrawal would result in a miscarriage of justice or unfair prejudice to the Crown

Ratio Decidendi

The court found the accused's guilty pleas were not accompanied by an intention to admit the essential facts but were motivated by securing the release of a third party; because the absence of an admission rendered the pleas unsustainable and posed a real risk of wrongful conviction (notably given the mandatory minimum exposure), leave to withdraw the guilty pleas was granted.

Court Disposition

Application to withdraw guilty pleas granted

Orders

  • Leave to withdraw the guilty pleas is hereby granted