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Criminal law 2007 BCCA 25

R. v. Kim

The British Columbia Court of Appeal set aside Chol Hwan Kim’s guilty plea after finding defence counsel had an unwaived conflict in representing both Kim and a co-accused.

  • Guilty plea withdrawal
  • Conflict of counsel/joint representation
  • Effective assistance of counsel
  • Miscarriage of justice
  • Duress (raised but not decided)
  • Stay of proceedings
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