In the case of Adgey v. The Queen, 1973 CanLII 37 (SCC), [1975] 2 S.C.R. 426; (1974), 13 C.C.C.(2d) 177, it was held to be within the discretion of the trial judge to determine whether or not a guilty plea should be accepted and that such discretion, if exercised judicially should not be lightly interfered with. The record in this case does not include a transcript of the proceedings before the trial judge. I am, therefore, unable to say whether or not, at the time the appellant appeared without counsel and entered a plea of guilty, the trial judge made any inquiry at all as to whether the appellant fully understood the charge against him or whether he appreciated the consequences of a plea of guilty. In the absence of a complete record of what transpired before the trial judge I am unable to say whether or not be exercised his discretion judicially. In those circumstances I think it is open to me to substitute my discretion for his.
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