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Difference between revisions of "Resolving Criminal Matters Prior to Trial (1:VI)"
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Resolving Criminal Matters Prior to Trial (1:VI) (view source)
Revision as of 12:31, 25 August 2022
, 12:31, 25 August 2022→D. Pleading guilty
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The court has an obligation to ensure that Section 606 has been canvassed with the accused before accepting any guilty plea and should canvass these matters directly with the accused unless the accused is represented by legal counsel who assures the court that section 606 has been canvassed. Legal counsel should canvass these matters with the client prior to the guilty plea and take detailed notes of this interaction, if there is any doubt about the clients understanding of this interaction counsel should have the court canvass section 606 directly with the accused. | The court has an obligation to ensure that Section 606 has been canvassed with the accused before accepting any guilty plea and should canvass these matters directly with the accused unless the accused is represented by legal counsel who assures the court that section 606 has been canvassed. Legal counsel should canvass these matters with the client prior to the guilty plea and take detailed notes of this interaction, if there is any doubt about the clients understanding of this interaction counsel should have the court canvass section 606 directly with the accused. | ||
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! style="font-style: italic;text-align: left;" | Applying to Strike an Entered Guilty Plea | |||
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| Legal counsel should bear in mind that accused persons sometimes desire to change their plea after entering a guilty plea and may blame counsel for failing to advise them about the consequences of their plea. An accused may retain new counsel and make an application to set aside the entered guilty plea. In such a situation, solicitor client privilege will usually be set aside and the lawyer may be forced to take the stand and explain why they believed the client understood the consequences of the guilty plea. See''[https://www.canlii.org/en/bc/bcca/doc/2020/2020bcca276/2020bcca276.html?autocompleteStr=R.%20v.%20Lam%2C%202020%20BCCA%20276%20&autocompletePos=1 R. v. Lam]'', 2020 BCCA 276 (CanLII). | |||
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If an accused person wishes to plead guilty then the court appearances should be adjourned to allow sufficient time to “negotiate” with Crown Counsel for the most appropriate sentence. For self-represented litigants, a duty counsel will assist with a sentencing negotiation with a Crown. It is generally a very good strategy to talk to Crown in advance about a joint submission where both sides agree on a sentence. Most Crown Counsel will be eager to agree to a reasonable sentencing position. Whether an agreement can or cannot be reached with the Crown, a sentencing hearing will be scheduled at which the accused/defence can present their position. If an agreement is reached with Crown, it is important to know that the judge is not bound by a joint submission. Though making a joint submission does increase the likelihood the accused will get the sentence defence is arguing for, it does not guarantee it [''[https://www.canlii.org/en/ca/scc/doc/2016/2016scc43/2016scc43.html?resultIndex=1 R. v. Anthony‑Cook]'', 2016 SCC 43]. See '''Appendix E: How to Prepare for and Conduct a Sentencing Hearing''' for the process of a guilty plea. | If an accused person wishes to plead guilty then the court appearances should be adjourned to allow sufficient time to “negotiate” with Crown Counsel for the most appropriate sentence. For self-represented litigants, a duty counsel will assist with a sentencing negotiation with a Crown. It is generally a very good strategy to talk to Crown in advance about a joint submission where both sides agree on a sentence. Most Crown Counsel will be eager to agree to a reasonable sentencing position. Whether an agreement can or cannot be reached with the Crown, a sentencing hearing will be scheduled at which the accused/defence can present their position. If an agreement is reached with Crown, it is important to know that the judge is not bound by a joint submission. Though making a joint submission does increase the likelihood the accused will get the sentence defence is arguing for, it does not guarantee it [''[https://www.canlii.org/en/ca/scc/doc/2016/2016scc43/2016scc43.html?resultIndex=1 R. v. Anthony‑Cook]'', 2016 SCC 43]. See '''Appendix E: How to Prepare for and Conduct a Sentencing Hearing''' for the process of a guilty plea. | ||
