R. v. Kitawine (H.K.), (2016) 386 B.C.A.C. 24 (CA)
| Judge | Donald, Saunders and Goepel, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | April 18, 2016 |
| Jurisdiction | British Columbia |
| Citations | (2016), 386 B.C.A.C. 24 (CA);2016 BCCA 161 |
R. v. Kitawine (H.K.) (2016), 386 B.C.A.C. 24 (CA);
667 W.A.C. 24
MLB headnote and full text
Temp. Cite: [2016] B.C.A.C. TBEd. AP.039
Regina (respondent) v. Hemed Kassim Kitawine (appellant)
(CA41654; 2016 BCCA 161)
Indexed As: R. v. Kitawine (H.K.)
British Columbia Court of Appeal
Donald, Saunders and Goepel, JJ.A.
April 18, 2016.
Summary:
The appellant pleaded guilty to robbery, hoping that if he received a sentence of six months he would keep alive his chances of remaining in Canada. His counsel was unaware that as a matter of law a conviction for an offence, like robbery, carrying a maximum penalty of 10 years or more, would terminate the appellant's appeal from an immigration removal order, regardless of the length of sentence. The appellant appealed for an order permitting him to withdraw the plea and for a new trial on the ground he was not informed of the consequences of his plea.
The British Columbia Court of Appeal dismissed the appeal. The appellant was well aware that his conviction would seriously jeopardize his immigration status. His position was not made worse by acting on incomplete advice about sentencing. The only incentive held out to him was the prospect of a lower sentence. The criminal process was not unfair and no miscarriage of justice occurred.
Criminal Law - Topic 4233
Procedure - Pleas - Guilty plea - Expungement or setting aside - See paragraphs 1 to 30.
Counsel:
C.T. Darnay, for the appellant;
R.G. Garson, for the respondent.
This appeal was heard on March 14 and 16, 2016, at Vancouver, B.C., by Donald, Saunders and Goepel, JJ.A., of the British Columbia Court of Appeal. Donald, J.A., delivered the following reasons for judgment for the court on April 18, 2016.
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R. v. Wong, 2018 SCC 25
...v. Shiwprashad, 2015 ONCA 577, 337 O.A.C. 57; R. v. Sangs, 2017 ONCA 683; R. v. Tyler, 2007 BCCA 142, 237 B.C.A.C. 312; R. v. Kitawine, 2016 BCCA 161, 386 B.C.A.C. 24; Padilla v. Kentucky, 559 U.S. 356 (2010); Fong Yue Ting v. United States, 149 U.S. 698 (1893); Strickland v. Washington, 46......
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R. v. Wong (W.W.), 2016 BCCA 416
...of a guilty plea on the allegation of inadequate immigration advice in two cases, R. v. Tyler , 2007 BCCA 142, and R. v. Kitawine , 2016 BCCA 161. Those cases, in both of which this court found the guilty plea was voluntary and valid, however, addressed an accused who knew there was some je......
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R. v. Girn, 2019 ONCA 202
...between awareness of an automatic effect, and knowledge of a highly probable result, is too fine a distinction. See also R. v. Kitawine, 2016 BCCA 161, 386 B.C.A.C. 24, at paras. 20, 25-28. Setting Aside Pleas of Guilty [65] An accused who seeks to set aside a presumptively valid guilty ple......
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R. v. Wong, 2018 SCC 25
...v. Shiwprashad, 2015 ONCA 577, 337 O.A.C. 57; R. v. Sangs, 2017 ONCA 683; R. v. Tyler, 2007 BCCA 142, 237 B.C.A.C. 312; R. v. Kitawine, 2016 BCCA 161, 386 B.C.A.C. 24; Padilla v. Kentucky, 559 U.S. 356 (2010); Fong Yue Ting v. United States, 149 U.S. 698 (1893); Strickland v. Washington, 46......
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R. v. Wong (W.W.), 2016 BCCA 416
...of a guilty plea on the allegation of inadequate immigration advice in two cases, R. v. Tyler , 2007 BCCA 142, and R. v. Kitawine , 2016 BCCA 161. Those cases, in both of which this court found the guilty plea was voluntary and valid, however, addressed an accused who knew there was some je......
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R. v. Girn, 2019 ONCA 202
...between awareness of an automatic effect, and knowledge of a highly probable result, is too fine a distinction. See also R. v. Kitawine, 2016 BCCA 161, 386 B.C.A.C. 24, at paras. 20, 25-28. Setting Aside Pleas of Guilty [65] An accused who seeks to set aside a presumptively valid guilty ple......