R. v. Johnston (J.D.), 2015 SKPC 61

• Judge: Jackson, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: May 25, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKPC 61;(2015), 474 Sask.R. 177 (PC)

R. v. Johnston (J.D.) (2015), 474 Sask.R. 177 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. MY.052

Her Majesty the Queen v. Joshua Douglas Johnston

(Information No.: 24388430, 24388431; 2015 SKPC 61)

Indexed As: R. v. Johnston (J.D.)

Saskatchewan Provincial Court

Jackson, P.C.J.

May 25, 2015.

Summary:

Johnston, represented by experienced counsel, entered guilty pleas to fraud charges, on the second day of trial. The gist of the allegations was that Johnston, acting as a real estate investor, had misappropriated in excess of $1.2 million. Johnston applied to expunge his guilty pleas and retained new counsel for that purpose. He maintained that the guilty pleas were not voluntary, unequivocal or informed, and that to allow them to stand would amount to a miscarriage of justice.

The Saskatchewan Provincial Court denied the application.

Criminal Law - Topic 4233

Procedure - Pleas - Guilty plea - Expungement or setting aside - On the second day of trial, Johnston, represented by experienced counsel, entered guilty pleas to fraud charges - The gist of the allegations was that Johnston, acting as a real estate investor, had misappropriated in excess of $1.2 million - Johnston applied to expunge his guilty pleas and retained new counsel for that purpose - The Saskatchewan Provincial Court denied the application - "The accused bears the onus to establish on a balance of probabilities that the necessary criteria required for a valid guilty plea have not been met. The evidence overwhelmingly supports the contrary conclusion that the pleas entered were voluntary, unequivocal and informed and that no miscarriage of justice would occur by permitting the guilty pleas to stand. The evidence supports the conclusion that Mr. Johnston made a calculated decision to take the deal being offered by the Crown which would have the added benefit of avoiding any potential repercussions from the Hell's Angels. The sentence of three years with the possibility of lowering this by way of sentence hearing and the chance of early parole would reasonably represent the best possible outcome in the circumstances, even though he may not have been happy about it. Subsequent regrets some weeks later, of course, would have no bearing on the ability to set his guilty pleas aside." - See paragraphs 64 and 65.

Cases Noticed:

R. v. R.T. (1992), 58 O.A.C. 81; 17 C.R.(4th) 247 (C.A.), refd to. [para. 14, footnote 2].

R. v. Fontaine (C.L.) (2003), 242 Sask.R. 92; 2003 CarswellSask 726; 2003 SKPC 143, refd to. [para. 14, footnote 2].

R. v. Leonard (D.A.) (2007), 307 Sask.R. 140; 417 W.A.C. 140; 2007 SKCA 128, refd to. [para. 16, footnote 3].

R. v. Lyons, [1987] 2 S.C.R. 309; 80 N.R. 161; 82 N.S.R.(2d) 271; 207 A.P.R. 271, refd to. [para. 16, footnote 3].

R. v. Levin (A.) (2014), 438 Sask.R. 211; 608 W.A.C. 211; 2014 SKCA 66, refd to. [para. 17, footnote 4].

R. v. D.S. (2013), 434 Sask.R. 288; 2013 SKPC 200, refd to. [para. 18, footnote 5].

R. v. Ross (W.M.) (2013), 414 Sask.R. 108; 575 W.A.C. 108; 2013 SKCA 45, refd to. [para. 36, footnote 9].

R. v. G.D.B., [2000] 1 S.C.R. 520; 253 N.R. 201; 261 A.R. 1; 225 W.A.C. 1; 2000 SCC 22, refd to. [para. 42, footnote 11].

R. v. Kim (D.) (2011), 375 Sask.R. 68; 525 W.A.C. 68; 2011 SKCA 74, refd to. [para. 43, footnote 12].

R. v. Yarlasky (L.) (2005), 195 O.A.C. 188 (C.A.), refd to. [para. 54, footnote 15].

R. v. Ryan (N.P.), [2013] 1 S.C.R. 14; 438 N.R. 80; 324 N.S.R.(2d) 205; 1029 A.P.R. 205; 2013 SCC 3, refd to. [para. 56, footnote 16].

R. v. Moore, 2004 BCPC 560, refd to. [para. 57, footnote 17].

R. v. Carty (R.) (2010), 260 O.A.C. 187; 2010 ONCA 237, refd to. [para. 58, footnote 18].

R. v. Mentuck (C.G.), [2001] 3 S.C.R. 442; 277 N.R. 160; 163 Man.R.(2d) 1; 269 W.A.C. 1; 2001 SCC 76, refd to. [para. 62, footnote 20].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 606(1.1) [para. 15].

Counsel:

R. Ritter, for the Crown;

Telmo Dos Santos, for the accused.

This application to expunge guilty pleas was heard in Saskatoon, Saskatchewan, before Jackson, P.C.J., of the Saskatchewan Provincial Court. On May 25, 2015, the Court delivered the following decision.