R. v. Buchanan (L.), (2016) 375 N.S.R.(2d) 295 (PC)

• Judge: Derrick, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: July 15, 2016
• Jurisdiction: Nova Scotia
• Citations: (2016), 375 N.S.R.(2d) 295 (PC);2016 NSPC 45

R. v. Buchanan (L.) (2016), 375 N.S.R.(2d) 295 (PC);

    1182 A.P.R. 295

MLB headnote and full text

Temp. Cite: [2016] N.S.R.(2d) TBEd. JL.014

Her Majesty the Queen v. Linda Buchanan

(2694010-2694016; 2016 NSPC 45)

Indexed As: R. v. Buchanan (L.)

Nova Scotia Provincial Court

Derrick, P.C.J.

July 15, 2016.

Summary:

The accused pleaded guilty to fraud, four counts of theft, and breach of probation. Subsequently, the accused retained new counsel and instructed him to accept a Crown proposal to plead guilty to fraud and breach of probation. Prior to sentencing, the second lawyer withdrew due to an irretrievable breakdown of the client-lawyer relationship. The accused retained a third lawyer, who applied to withdraw her guilty pleas on the ground of ineffective representation by the first lawyer. The accused argued that her lawyer was so ill-prepared to go to trial that she felt her only option was to plead guilty.

The Nova Scotia Provincial Court dismissed the application and ordered that sentencing proceed.

Criminal Law - Topic 4227

Procedure - Pleas - Change of plea from guilty to not guilty - The accused pleaded guilty to fraud, four counts of theft, and breach of probation - Subsequently, the accused retained new counsel (first lawyer suspended for sexual assault conviction which was subsequently overturned on appeal) and instructed him to accept a Crown proposal to plead guilty to fraud and breach of probation - Prior to sentencing, the second lawyer withdrew due to an irretrievable breakdown of the client-lawyer relationship - The accused retained a third lawyer, who applied to withdraw her guilty pleas on the ground of ineffective representation by the first lawyer, who was allegedly so ill-prepared to go to trial that her only option was to plead guilty - She argued that she agreed to plead guilty and accepted the Agreed Statement of Facts because she believed that if she did not she would be forced to go to trial with ill-prepared counsel - The Nova Scotia Provincial Court dismissed the application - There was no miscarriage of justice in accepting the guilty pleas - The court noted that the accused maintained her guilty plea to fraud when represented by her second lawyer, against whom no incompetence was claimed - The accused chose, with the second lawyer's assistance and advice, to re-commit to her guilty pleas - The accused's admitted diversion of client's funds for personal use supported both the actus reus and mens rea requirements for a finding of guilt for fraud by "other means" - It was unnecessary to determine whether the first lawyer was guilty of incompetence - In any event, the court lacked the documentary record to determine the issue - There was no evidence that the accused was pressured into pleading guilty, had a questionable mental state at the time, or that she misunderstood the basic nature of the charges or the consequences of pleading guilty.

Criminal Law - Topic 4233

Procedure - Pleas - Guilty plea - Expungement or setting aside - [See Criminal Law - Topic 4227 ].

Counsel:

Tanya Carter, for the Crown;

Brian Church, Q.C., for Linda Buchanan.

This application was heard on June 17 and 30, 2016, at Halifax, N.S., before Derrick, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on July 15, 2016.