R. v. D.M., 2015 BCCA 115

• Judge: Frankel, MacKenzie and Goepel, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: March 11, 2015
• Jurisdiction: British Columbia
• Citations: 2015 BCCA 115;(2015), 370 B.C.A.C. 53 (CA)

R. v. D.M. (2015), 370 B.C.A.C. 53 (CA);

    635 W.A.C. 53

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. MY.001

Regina (respondent) v. D.M. (appellant)

(CA041421; 2015 BCCA 115)

Indexed As: R. v. D.M.

British Columbia Court of Appeal

Frankel, MacKenzie and Goepel, JJ.A.

March 11, 2015.

Summary:

The accused pleaded guilty to three counts of sexual assault and was convicted. Three months later, prior to sentencing, the accused retained new counsel, then applied to set aside his guilty pleas. The accused argued that he was in a "fog" at the time, due to medication for depression and anxiety, and that his former counsel pressured him into pleading guilty. Former counsel testified that the accused was coherent and fully engaged in the process, and that he had been given clear instructions by the accused to plead guilty. No witness, other than the accused, had any concerns as to the accused's mental fitness. The trial judge refused to permit withdrawal of the guilty plea. On the evidence, the trial judge had no reasonable doubt as to the validity of the plea. The accused appealed.

The British Columbia Court of Appeal dismissed the appeal. The trial judge committed no error in finding that a miscarriage of justice would not occur if the guilty pleas were allowed to stand. No evidence respecting the accused's credibility was misapprehended or overlooked.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 4227

Procedure - Pleas - Change of plea from guilty to not guilty - See paragraphs 1 to 23.

Counsel:

P.M. Bolton, Q.C., and E.D. Dance, for the appellant;

D.M. Layton, for the respondent.

This appeal was heard on March 11, 2015, at Vancouver, B.C., before Frankel, MacKenzie and Goepel, JJ.A., of the British Columbia Court of Appeal.

On March 11, 2015, the judgment of the Court was delivered orally and the following opinions were filed:

Frankel, J.A. - see paragraphs 1 to 23, 26;

MacKenzie, J.A. - see paragraph 24;

Goepel, J.A. - see paragraph 25.