Accused (who was represented by counsel) pleaded guilty to drive while disqualified. Accused applied on appeal to strike the plea, alleging that he had not provided his counsel with all relevant information, and that his plea was misinformed.
Held: Appeal dismissed.
“Where an accused expressly or implicitly denies the allegations, does not admit to the facts read in or asserts a defence at the time of the plea or where there is otherwise a substantial reason to question the validity of the plea, there is a prospect of miscarriage of justice and an accused may be granted leave to withdraw a guilty plea: R v Bawkovy, 2009 ABCA 213.” Test not met. The accused did not deny any element of the offence to which he pleaded guilty.
J. Edgett – Defence Counsel