Can a guilty plea be struck on appeal?
Ontario, Canada
The following excerpt is from R. v. Tran, 2014 ONCJ 506 (CanLII):
[15] The Court reviewed the circumstances under which a guilty plea can be struck on appeal: An appellate court will permit the withdrawal of a guilty plea and quash the consequent conviction where there are “valid grounds” for doing so: Adgey v. R., 1973 CanLII 37 (SCC), [1975] 2 S.C.R. 426 at p. 431, 13 C.C.C. (2d) 177 at pp. 189-90. No finite list of all “valid grounds” can be provided.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a Master or Judge in chambers have the power to amend an Order of Appeal where the Master has appealed from the Court of Appeal? (Ontario, Canada)
Can a guilty plea be appealed on appeal? (Ontario, Canada)
What are some cases where the Court of Appeal has found that a decision made by a party not to appeal against a decision not to grant leave to appeal is invalid? (Ontario, Canada)
Does the Court of Appeal have any authority to grant leave to appeal to appeal? (Ontario, Canada)
What is the evidence relied on in the appeal of the Court of Appeal against a decision to keep an animal in care? (Ontario, Canada)
What is the relevant test on a motion to appeal against a decision by the Court of Appeal against a condominium corporation? (Ontario, Canada)
Can Bougrine appeal a motion judge’s decision that found there is not jurisdiction to hear an appeal? (Ontario, Canada)
Can a motion to strike the jury in a medical malpractice action be struck out after a jury has been struck out? (Ontario, Canada)
What is the effect of the Minister’s appeal against the interim decision of the Court of Appeal finding that a new Formulary which includes the products of all five drug companies does not need to be included in the Formulaary? (Ontario, Canada)
What is the test for appeal judges to grant leave to allow a party to argue an entirely new issue on appeal? (Ontario, Canada)
