Resolving Criminal Matters Prior to Trial (1:VI): Difference between revisions

| 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(CanLII&autocompletePos=1 ''R v Lam'', 2020 BCCA 276 (CanLII)]).

The sentencing hearing can either proceed immediately after a guilty plea is entered or be adjourned to permit the parties to prepare for the sentencing hearing. For self-represented litigants, duty counsel can assist with a sentencing negotiation with the Crown. It is generally a good strategy to talk to Crown before pleading guilty, about the possibility of a joint submission where both sides agree on a sentence. Most Crown Counsel will agree to a reasonable joint sentencing position and will often stay some charges on a multi-count Information in exchange for a guilty plea on others. It is important to know that the judge is not bound by a joint submission (see [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 and Sentencing Hearing''' for the process of entering a guilty plea.