What is the test for striking a guilty plea?

Alberta, Canada


The following excerpt is from R. v. Wetmore, 2003 ABQB 350 (CanLII):

A judge has the discretion to strike a guilty plea in three circumstances: the accused is not guilty; the accused had no intention to plead guilty; or there is a misapprehension of the facts amounting to the guilt of the accused. Factors to consider include whether: (1) the accused did not understand the nature of the charge before pleading; or (2) the accused did not unequivocally plead guilty to the charge as properly understood; or (3) the accused, on the facts offered in support of the charge, could not in law have been convicted of the offence charged (Adgey v. The Queen (1973), 1973 CanLII 37 (SCC), 13 C.C.C. (2d) 177 (S.C.C.) at p. 189).

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