Application to vacate guilty pleas to two counts of indecently exposing to children under 16 for a sexual purpose. Client represented by different counsel had entered guilty pleas to charges and sentencing adjourned for preparation of sentencing materials. Client retaining our firm to vacate guilty pleas as did not understand he was admitting to having a sexual purpose. Crown opposed application on basis that judge properly confirmed all pre-requisites for entry of guilty plea (voluntary, understanding a criminal record will result, understanding waiving right to trial and that judge has sole discretion as to appropriate sentence). Transcript and letter from previous counsel raised doubt that client admitting all facts and fully understood required specific intention for offence.
Held: Application granted.
Sentencing judge concluded there was a real doubt as to the client’s full understanding of what he was admitting to. Matter to proceed to trial.