Finally, a guilty plea’s validity depends on the plea being informed: Regina v. T. (R.), supra, at 254-7. It is essential that the accused understand the nature of the charges faced, the legal effect of a guilty plea, and the consequences of such a plea. Where an accused understands the factual basis for the allegations, counsel is able to give advice and take instructions respecting existence of the essential ingredients of the crimes charged. As stated, the legal effect of a guilty plea is to surrender the presumption of innocence and alleviate the prosecution’s burden of establishing guilt beyond a reasonable doubt. The accused must generally know the jeopardy faced by way of possible punishment. Often the seriousness of the offences is self-evident and therefore so too is the exposure to a stiff custodial disposition. However, incorrect legal advice as to sentencing options may call into question whether the plea was truly informed: Regina v. Armstrong, supra, at paras. 2-4.
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