R. v. Buchanan

R. v. Buchanan

The application to withdraw guilty pleas is dismissed because the pleas were voluntary, informed and unequivocal, the agreed statement of facts and the police statement establish the actus reus and mens rea for fraud by other means, there is no miscarriage of justice, and subsequent counsel confirmed the pleas; therefore no basis exists to set aside the convictions.

Citation
2016 NSPC 45
Parties
Crown: Her Majesty the Queen; Accused: Linda Buchanan
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 July 2016
Procedural Posture
Criminal (fraud, Theft, Breach of Probation) / Application to Withdraw Guilty Pleas; Decision Rendered; Sentencing to Be Scheduled
Outcome
Application to withdraw guilty pleas dismissed; sentencing to be scheduled.
Legal Topics
Withdrawal of Guilty Plea, Ineffective Assistance of Counsel, Fraud by Other Means, Plea Validity, Miscarriage of Justice, Agreed Statement of Facts
Source Language
English
Criminal Law Procedural Law Legal Ethics Withdrawal of Guilty Plea Ineffective Assistance of Counsel Fraud by Other Means Plea Validity Miscarriage of Justice +1 more

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Parties

Her Majesty the Queen

Crown

Linda Buchanan

Accused

Procedural Posture

Criminal (fraud, Theft, Breach of Probation) / Application to Withdraw Guilty Pleas; Decision Rendered; Sentencing to Be Scheduled

Legal Issues

  1. 1 Whether the guilty pleas should be set aside
  2. 2 Whether defence counsel's conduct amounted to ineffective assistance
  3. 3 Whether a miscarriage of justice resulted from the pleas

Ratio Decidendi

The application to withdraw guilty pleas is dismissed because the pleas were voluntary, informed and unequivocal, the agreed statement of facts and the police statement establish the actus reus and mens rea for fraud by other means, there is no miscarriage of justice, and subsequent counsel confirmed the pleas; therefore no basis exists to set aside the convictions.

Court Disposition

Application to withdraw guilty pleas dismissed; sentencing to be scheduled.

Orders

  • Application to withdraw guilty pleas dismissed
  • A date for sentencing to be set